Smt. Durgam Pushpalatha v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.32574 of 2018 ORDER:

This writ petition is filed seeking a Writ of Mandamus declaring the Memo dated 14.04.2015 issued by the 2nd respondent, as illegal, arbitrary and against the spirit of the scheme of compassionate appointment and sought a consequent direction directing the respondents to consider the representation of the petitioner for compassionate appointment and appoint her in any suitable post. Heard Sri P.Venkanna, counsel for petitioner and Government Pleader appearing for respondents.

It has been contended by the petitioner that her husband was employed as Village Revenue Officer (VRO) and he had expired while discharging his duties with the respondents on 09.12.2013. Thereafter, the petitioner has submitted a representation to the respondents to consider her case for compassionate appointment. Respondents have rejected the same vide proceedings dated 14.04.2015 on the ground that the minimum qualifications required for the post of VRO have been raised from SSC to Intermediate, and since the petitioner is only SSC passed candidate, her candidature could not be considered for want of requisite qualifications. Counsel for petitioner submits that the petitioner is fully eligible and qualified to be appointed in any suitable post other than VRO and submits that appropriate orders be passed in the writ petition directing the respondents to consider the case of the petitioner for appointment on

compassionate ground, in any suitable post according to the qualification of petitioner.

The learned Government Pleader appearing for respondents has submitted that since the petitioner is not qualified to hold the post of VRO, her case was considered and rejected vide proceedings dated 14.04.2015 and further contend that the case of the petitioner would be considered for appointment in suitable post according to the qualification of the petitioner and appropriate orders would be passed. This Court, having considered the rival submissions of the parties, is of the considered view that this writ petition can be disposed of directing the petitioner to submit a fresh representation to the respondents within two weeks from the date of receipt of a copy of this order, seeking appointment on compassionate ground in any suitable post, and upon such representation being received, the respondents shall consider the same and pass appropriate orders in accordance with law in another Six weeks thereafter. With these observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 31st January 2019 Ajr