High Court · 2025

Sri Nilayam, Sireet No.4, Habsiguda Hyderabad -500007

2. The Area Manager, Food corporation of.lndia District office, 2nd floor sai Sri Nilayam, Street No.4 Habsiguda, Hyderabad ...PETITIONERS ...RESPONDENTS PetitionUnderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueWritordirectiononeormoreparticularlyinthenatureofWritof Mandamus directing the Respondents to release the terminal benefits, pension pertaining to employee J. Anand Raj (missing) further appoint the petitioner No.1 on compassionate ground. IAN o: oF 201I 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 to rerease the terminar benefits etc., or otherwise the petitioner will be put to irreparable loss and injury. IAN O:2 oF 2018 petition under section 151 cpc praying ihrt in tn" circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to appoint the petitioner No.1 W/o.Anand Raj (since missing) in place of her husband J.Anand Raj on compassionate grounds or othenarise the petitioner will be put to irreparable loss and injury. Counsel for the petitioner: SRI K.ANNApURNA REDDY Counset forthe Respondents: SRt P.BHASKARA MOHAN, SC FOR FCI The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGE SHBHEEMAPAKA WRIT PETITION No.1949 of 20lE ORDER: The petitioners are legal heirs of Mr. J. Anand Raj, who went missing on 16.09.2008. Mr. Anand Raj was a Dusting operator in the respondent- Food corporation of India. He joined respondent-corporation in the year 1984, and completed 24 yeats of service by the date he went missing' A complaint was lodged by petitioner No. l/wife about the missing of her husband Anand Raj on 16.09.2008, and the complaint was registered as crime No.16l of 2010 for "man missing" and after due investigation, a Final Report No.42 of 20ll was filed by the Potice declaring Anand Raj "Un- Detected,, for the time being on 31.01.2011. The office of Inspector of police, Saifabad Police Station, vide Letter dated 15.06.2015 informed the Manager (Gen) of the Food Corporation of India that, even after referring the case as tIN, further efforts were made to trace out the missing man, but there is no clue about him or his whereabouts even after passage of nearly (07) years. The petitioner No. 1 filed an application before the respondent- authorities to release terminal benefits, pension, and also for compassionate appointment, and therefore seeks a direction to the respondent authorities to release the amounts and provide compassionate appointment as per law'

2. Heard Mr. K. Annapurna Reddy, leamed counsel for the petitioner; and Dr. p. Bhaskara Mohan, leamed standing counsel for respondent-Food Corporation of India. Perused the record.

3. Leamed counsel for the petitioner would essentially contend that Mr. Anand Raj, who is the husband of the petitioner No'l, went missing in the year 2008, and there is no clue of him even after seven years of his missing anflaleport to that effect has also been filed by the Police authorities. I , 2 \-\ --,1 wp_ 1949-20 tb NBK, J and also have not compasslonate been released Leamed counsel contends that the missing person has five dependents i.e., petitioner No'1 and four children (3 daughters and r son), and the petitioners are entitled to terminal benefits appointment, however, the terminal benefits fully, and compasslonate appointment also not yet been provided to the petitioner No.l. 4. Leamed Standing Counse[, based on the counter affidavit and also additional counter affidavit, wourd submit that petitioner No. I/wife was paid an amount of Rs.5,29,9g5/_ towards Contributory provident Fund on 04'0r '2025, even though there is a roan outstanding on rhe paft of husband of the petitioner No. l . It is further stated that the petitioners are entitled to receive an amount of Rs.60,500/_ and, in this connection, the respondent authorities have sent a lefter dated 2g. t2.2024 to the petitioner No.l requesting to furnish certaih documents, and some .f the rerevant documents were fumished onry on 2g'r2.2o24,and the respondent sent another lefter on 30'12'2024 for lumishing the remaining documents but they have not been fumished so far, and as soon as they were received the amount of Rs.60,500/_ would be released in favour of the petitioners. F-urther, wirh regard to Famiry Pension, the Claim papers along with the Civil Coun order dated 05.LO.2O2O declaring the missing employee ad legally dead, and the Zonal office vide letter dated 22'12'2023 retumed the documents for transf'er of service from EPFO, New Dethi to EpFO, Chennai, and certain documents are yet to be received from EpFO for applying for family pension. It is further submitted that compassionate appointment to petitioner No.r is not a mar.tef of right, and the petitioner No.1 should be eligibre in all respects lbr appointment. It is contended that as on date, the respondent authorities have not received any application for compassionate appointment, and on such receipt the same shall be considered as per the Rules and Regulations. NBK. J 5, Having considered the respective submissions' and perused the record' admittedly substantial portion of the amounts due has been paid by the authorities and received by the petitioners; however' an amount of Rs.60,500/- is said to have not yet been paid for want of ceftain documents from the petitioners. In that view of the matter, it is open for the petitioner No.1 to fumish the necessary documents as expeditiously as possible' so as to enable the respondent authorities to release the amounts due' It is settted law that compassionate appointment is a welfare measure

6. tohelpthefamilytideoverthefinancialdifficultiescausedbythesuddenand unfortunate event of loss of a dear one while in service; and the strict norms applicable for regular recruitment are therefore usually not made applicable to compassionate appointments and the norms are relaxed to a certain extent' In view of the submission by the respondents' counsel that petitioner No'1 hasnotmadeanyapplicationbeforetherespondentauthoritiestillnowfor compassionate appointment, the petitioner No' I is permitted to make an application within four weeks from the date of receipt of a copy of this order' Upon such filing of application, considering the fact that there is a total of five dependents, i.e., petitioner No'l/wife and three daughters and one son' the 1't respondent shall consider the application and pass appropriate orders' in accordance with law, within six weeks from the date of application'

7. Accordingly, the writ petition is disposed of' No costs' Miscellaneous petitions pending , ifany , shall stand closed SD/- B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPY' SECTI N OFFICER roor'saisri li:#:x1',::lP,tl);,',r';r"f,,",i.?fl i3:?:3:."1J33'36r2ndf The Area Manager, Food Corporation of lndia District Office' 2nd floor Sai Sri Nii:G;: si."""i'N;li Hausisuba' HYderabad One CC to SRI K.ANNAPURNA REDDY' Advocate [OPUC] One CC to SRI P.BHASKARA rvlOHAN' SC FOR FCI [OPUCI To, 1

2. 3 4 5 Two CD CoPies BSR HIGH COURT DATED:2310112025 .a: -, * a, r '\t\t- t'a .a'' ^ :\ . '',\ r.,< ' \r ORDER WP.No.1949 of 2018 .) 22 IUB 205 ?, i ,i: ,. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS