Md. Nayeem v. The District Collector

[ 3301 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 34994 OF 2023 Between:

Md. Nayeem, S/o. Abdul Latheef (Late) Age 33 years, Occ ; un-employee, Jerripothulagudem,(V) Chilkur (M), Suryapet District. .....PETITIONER AND

1. The District Collector, Suryapet, Suryapet District.

2. The Dist Tribal Development Officer, Nalgonda, Nalgonda District .

3. The Dist Tri6al Development Officer, Suryapet, Suryapet District .

4. The State of Telangana, rep. by its Principal Secretary, Tribal Welfare Department Secretariat, Hyderabad.

.....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of MANDAMUS.- A) To declare the entire action of the respondents, particularly the action of the responden{s 1, 2 and 3 in not considering the genuine claim of the petitbner for appointment in any suitable post in the place of his deceased father, who expired on 14-5-2019, while working as daily wage employee, at Govt Tribal Welfare Boys Hostel, Ananthagiri, ie., under the control of 3rd respondent, inspite of recommendations made by the 3rd respondent vide his letter No. TD1/64/2017 dated. 14-B-2O19 to the 2d respondent, despite of repeated representatiofls is as highly lllegal, arbltrary, uniust, improper, contrary to scherne vide G.O.Ms.No.'1 18 Fand P(FW.PC lll) Dept., dated 18-08-.1999. A) And consequently to direct the respondents to forthwith consider the claim of

**/ the petitioner for appointment under the scheme of compassionate grounds in the place of diseased father in a suitabre post in terms of G.o.Ms.No.11g F and P (FW.PC lll) Dept., dated 18_08_1999, by duty finatizing the proposats made by the 3'd respondent vide his Lr.No. TD1t64l2}1t dated..14_g_2019. l.A.NO:1 OF 2023 Petition Under Section 151 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents appointment under the to forthwith consider the claim of the scheme of compassionate grounds in petitioner for the place of diseased father in a suitable post in terms of G.O.Ms.No.11g F and Dept., dated 18.08.1999, by duly finalizing the proposats respondent vide his Lr. No. TD1/64t2O17 dated.14_8_2019. P (FW.PC ilt) made by the 3'd counsel for the petitioner: sRr sANTHApuR 'AT'ANARA'ANA RAo Counsel for the Respondents : Gp FOR SERVICES _ ll The Court made the following ORDER

THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.34994 OF 2023 ORDER:

This Writ Petition is filed seeking to declare the action of the respondents in not considering the claim of the petitioner for appointment in any suitable post, on compassionate grounds, in terrns of G.O.Ms.No. 1 18, Finance and Planning (Fw.PC.lll) Depa-rtment, dated 18.08.1999, as illegal, arbitrary and unjust, and consequently, to direct the respondents to forthwith consider his claim for appointment on compassionate grounds. 2.

This writ petition is being disposed of with the c-onsent of both the parties 3.

Heard Sri S. Satyanarayala Rao, learned counsel appearing for the petitioner and learned Government Pleader for Services-V, appearing for respondent Nos.l to 4.

4.

Learned oounsel for the petitioner submitted that the pelitioner's father, who worked as a Daily-Wage worker in the Government ST Boys Hostel, Ananthagiri, has expired on 14.O9.2019. Consequent upon his demise, the petitioner, being the legal heir and an unemployed person, submitted his representation to respondent No.3 on 22.07.2079, seeking compassionate appointment. It is further submitted that the request of the petitioner was recommended to respondent No.2 by respondent No.3 uide letter I \ t I No.TDl/64/2017, dated 14.O8.2O19. However, no further action has been taken thereon so far. Therefore, learned counsel for the petitioner prayed this Court to pass necessary orders in the present writ petition.

I PK,] wp_34994_2023 5.

Per contra, learned Government Pleader for Services-V has placed on record a copy of the letter addressed by tl-e District Collector, Naigonda District to the Commissioner of Tribal Welfare, Hyderabad, uide Rc.No.TW1/593 /2019, dated 2O.O3.2021, and submitted that on verihcation of records, it is found that the deceased workers who were in service of the responden t- Educational Institutions are entitled for regularization as per the G.O.Ms.No.2l2, Finance and Planning, (FW.PC.III) Department, dated 22.04.1994, and further submitted that Commissioner of Tribal Welfare, Hyderabad, has to issue necessary orders for compassionate appointments to the lega.l heirs of the deceased workers.

6.

In view of the rival submissions made by the respective parties, the Writ Petition is disposed of with a direction to the respondents to consider the representation of the petitioner, dated 22.02.2019, duly taking into consideration the letter Rc.No.TW1/593 /2019, d.ated 2O.O3.2021, addressed by the District Collector, Nalgonda District, to the Commissioner of Tribal Welfare, Hyderabad, and pass appropriate orders t-hereon in terms of G.O.Ms.No. 118, dated 18.08.1999, within a period of six (06) weeks from the date of receipt of a copy of this order, and communicate a copy thereof to the petitioner.

Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs.

ot"'".too,i-rt".E[HlA //TRUE COPY// u SECTION40FFTCER To The District Collector, Suryapet. Suryapet District. The Oist Tribal Developmeni Officer, l.ialgonda, Nalgonda District . The Dist Tribal Oevelopment Officer, Surlapet, Suryipet District . T.he Principal Secretary. Tribal Welfare O'eiartmenisbcretariat. State of Telangana at Hyderabad.

Iwo 99s to_GP for Services -tl, High Court for the State of Telangana at Hyderabad. [OUTI One C_C to Sri Santhapur Sal yanaiayana Rao, Advocate [OpUC]" Two CD Copies 'l 5.

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SA GJ &--

HIGH COURT DATED:2911212023 TA rG S c $ q oo ,+ * P o .)t 1 [ JAN 2024

ORDER

* E:..i FA f c''

WP.No.34994 of 2023 DISPOSING OF THE W.P WITHOUT COSTS \o 1l^