J Ramesh v. Prl.Secy., School Education Dept., Hyd., And 4 Others,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.33507 OF 2017

ORDER

This writ petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondents in not considering the representation dated 5.11.2010 of the petitioner for appointment on compassionate grounds as per G.O.Ms.No.118, dated 18.08.1999, as arbitrary and illegal and consequently, direct the respondents to appoint the petitioner on compassionate grounds.

Heard Sri Ch.Ganesh, learned counsel appearing for the petitioner and learned Government Pleader for School Education appearing for the respondents.

It is the case of the petitioner that his father was initially appointed as Sweeper on 22.10.1982, on temporary basis, in MPPS School at P.S.Harizanawada, Vemulapalli Village & Mandal, Nalgonda District; that while working as such, his father died on 4.8.2010; that the State Government had come up with a policy to extend the scheme of appointment on compassionate grounds even in respect of temporary employees vide G.O.Ms.No.118 dated 18.8.1999; that pursuant to the said GO, the petitioner has submitted a representation on 5.11.2010 to the respondents to consider his case for

appointment on compassionate grounds, but so far no orders have been passed thereon. Hence, the present writ petition is filed.

Learned counsel appearing for the petitioner submits that as the respondents have not passed any orders on the said representation submitted by the petitioner, a suitable direction be issued to the respondents to consider the case of the petitioner for appointment on compassionate grounds. Learned Government Pleader for School Education contends that the fact that the petitioner has survived without any employment from 2010 onwards, would indicate that the petitioner does not deserve for any compassion in the matter of employment.

I have considered the rival submissions made by the learned counsel on either side.

In view of the fact that the representation submitted by the petitioner is pending since seven years with the respondents, if there is a policy of the State Government to extend the scheme of appointment on compassionate grounds even in respect of NMR workers as contended by the petitioner, the same shall be extended to the petitioner. Accordingly, this writ petition is disposed of directing the respondents to consider the representation submitted by

the petitioner on 5.11.2010 and pass appropriate orders thereon within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 3rd January, 2018 rkk