V. Sushma v. The State Of Telangana,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.36694 OF 2018

ORDER

With the consent of learned counsel on either side, this Writ Petition is disposed of at the admission stage. This Writ petition is filed seeking the following relief:

"..to issue a writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the claim of the petitioner for appointment in any suitable post on compassionate grounds as was done in the case of Sri K.Anandavardhan as arbitrary, vindictive, discriminatory, illegal and violation of Articles 14, 16, 19, 21 and 311 of the Constitution of India and direct the respondents to consider the claim of the petitioner for appointment in any suitable post on compassionate grounds and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Heard Sri C.Srinivasa Baba, learned counsel appearing for the petitioner, learned Government Pleader for School Education appearing for the respondents. It is the case of the petitioner that while working as PET in St.Marks Boys Town High School, Jahanuma, Hyderabad, her father died on 2.9.2001 in a fatal road

accident along with her mother and brother. Hence, she submitted a representation dated 15.04.2002 to the 5th respondent seeking appointment on compassionate grounds. The 5th respondent while recommending the case of the petitioner, submitted proposals to the 2nd respondent, who, in turn, submitted the same to the District Collector, Hyderabad vide proceedings dated 2.7.2003 for taking appropriate action. While so, the Government of Telangana vide Memo dated 24.12.2016 lifted the ban on recruitment and directed that the dependants of the deceased Government employee shall be appointed within 10 working days. In pursuance thereof, the 2nd respondent vide proceedings dated 16.3.2017 sent proposals to the 3rd respondent to consider the case of the petitioner for appointment on compassionate grounds. But, so far, no action has been taken. Hence, the present writ petition.

Learned Government Pleader for School Education appearing for the respondents contends that the case of the petitioner will be considered in accordance with the scheme of appointment on compassionate grounds.

Having considered the facts and circumstances of the case, this Court is of the considered view that ends of justice would be met if a direction is given to the 3rd respondent to consider the proposals dated 16.3.2017 submitted by the 2nd respondent.

Accordingly, the Writ Petition is disposed of directing the 3rd respondent to consider the proposals submitted by the 2nd respondent on 16.3.2017 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, in accordance with law. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

______________________________ JUSTICE ABHINAND KUMAR SHAVILI 11th October, 2018 rkk