Telangana High Court

WP/34994/2023 of Md. Nayeem Vs The District Collector on 29 December 2023

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,

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO 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.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]

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the petitioner for appointment under the scheme of compassionate grounds inthe place of diseased father in a suitabre post in terms of G.o.Ms.No.11g F andP (FW.PC lll) Dept., dated 18_08_1999, by duty finatizing the proposats made bythe 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 statedin the affidavit filed in support of the petition, the High Court may be pleased todirect the respondentsto forthwith consider the claim of thepetitioner forappointment under thescheme of compassionate grounds inthe place ofdiseased father in a suitable post in terms of G.O.Ms.No.11g F andP (FW.PC ilt)Dept., dated 18.08.1999, by duly finalizing the proposatsmade by the 3'drespondent vide his Lr. No. TD1/64t2O17 dated.14_8_2019.

counsel for the [petitioner: ]sRr sANTHApuR

RAo'AT'ANARA'ANA

Counsel for the Respondents : Gp FOR SERVICES _ llThe Court made the following ORDER

THE HONOURABLE SRI JUSTICE PULLA KARTHIKWRIT 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, thepetitioner, being the legal heir and an unemployed person, submitted hisrepresentation 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]No.TDl/64/2017, dated 14.O8.2O19. However, no further action has beentaken thereon so far. Therefore, learned counsel for the petitioner prayed thisCourt to pass necessary orders in the present writ petition.

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wp_34994_2023

5. Per contra, learned Government Pleader for Services-V has placed onrecord a copy of the letter addressed by tl-e District Collector, NaigondaDistrict to the Commissioner of Tribal Welfare, Hyderabad, uideRc.No.TW1/593 /2019, dated 2O.O3.2021, and submitted that on verihcationof records, it is found that the deceased workers who were in service of theresponden t- Educational Institutions are entitled for regularization as per theG.O.Ms.No.2l2, Finance and Planning, (FW.PC.III) Department, dated22.04.1994, and further submitted that Commissioner of Tribal Welfare,Hyderabad, has to issue necessary orders for compassionate appointments tothe lega.l heirs of the deceased workers.

6. In view of the rival submissions made by the respective parties, the WritPetition is disposed of with a direction to the respondents to consider therepresentation of the petitioner, dated 22.02.2019, duly taking intoconsideration the letter Rc.No.TW1/593 /2019, d.ated 2O.O3.2021, addressedby the District Collector, Nalgonda District, to the Commissioner of TribalWelfare, Hyderabad, and pass appropriate orders t-hereon in terms ofG.O.Ms.No. 118, dated 18.08.1999, within a period of six (06) weeks from thedate of receipt of a copy of this order, and communicate a copy thereof to thepetitioner.

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

ot"'".too,i-rt".E[HlA//TRUE COPY// u

SECTION40FFTCER

To

'lThe District Collector, Suryapet. Suryapet District.2The Oist Tribal Developmeni Officer, l.ialgonda, Nalgonda District .2The 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 atHyderabad.Hyderabad.

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

5.

6. I

HIGH COURT

DATED:2911212023

ORDER

WP.No.34994 of 2023

DISPOSING OF THE W.PWITHOUT COSTS

\o1l^

cSTA rG1$qPoo1 [ [JAN ][2024].)to,+**E:..i FA f c''

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