Murugam Uma [\/ahesh v. 1. The State of Telangana

2. The Tahsildar, Quthbullapur Mandal, Medchal Malkajgiri District. 3. Smt.M.Teja, aged about 29 years, Occ . Advocate, R/o.H. No.6-1-194, Ashoknagar, Karimnagar, Karimnagar District.

4. M. Pooja, aged about 27 yearc, Occ;. Student, Rlio. H.No. 6-1-194, Ashoknagar, Karimnagar, Karimnagar District. .....RESPONDENTS Petition Under Article 226 of the Constitution of India 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 declaring the action of the 2nd respondent in not considering petitioners application for No earning member certificate vide application no. NECO22400077017 dated 20.11.2024 and insisting for production of No Objection Certificate from respondent nos. 3 and 4 as illegal and arbitrary and consequently direct the respondent no. 2 to consider petitioners application for No earning member certificate vide application no. NEC022400077O17 dated 20.11.2024 without insisting for production of No Objection Certificate from respondent nos. 3 and 4. .,'r I.A.NO:1 o F 2025 Petition Under section 'r 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondent no.2 to consider petitioners apprication for No earning member certificate vide apprication no. NECo224ooo7ro17 dated 20.11.2024 without insisting for production of No objection certificate from respondent nos. 3 and 4 pending disposal of the above writ petition. Counsel for the petitioner : SRI S.RIDHAR Counsel for the Respondent Nos.1 & 2 : SRI L.RAVINDER, AGp FOR REVENUE Counsel forthe Respondent Nos.3 & 4 : _ The Court made the following ORDER HONIBLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.24O4 of 2o25 ORDER This Writ Petition is filed seeking to declare the action of respondent No.2 in not considering the application No.NECO224OOO77Ol7 , dated 2O.1 1.2024 subrnitred by the petitioner seeking for issuance of "no earning member certificate' and insisting for production of No objection Certificate from respondent Nos.3 and 4 as illegal and arbitrary and consequcntly, prayed for other appropriate reliefs.

2. It is sLated that the petitioner's father late Murugam Umapathi (hereinafter referred to as "the deceased,,) died on

18.O1.2O15 while working as Line Inspector in Husnabad Division of Telangana Northern Power Distribution Company Limited (TGNPDCL). Thereafter, disputes arose between the petitioner and respondent Nos.3 and 4, who are the daughters born to the second wife of the deceased, with regard to the succession and retiremental benefits of the deceased. It is further stated that respondent Nos.3 and 4, along with their mother, have instituted a suit ulcle O.S.No.3O2 of 2Ol5 on the hle offiro lI Additional Junior Civil Judge, Karimnagar, seeking to declare them as legal heirs of the deceased and the said suit, I t. 2 CVI}R, J \\'p 2404 2025 after contest, uras partly decreed declaring rcspondcnt Nos.3 and 4 as legal heirs of the deceased. It is furlher sr-ated that when the petitioner mlde an application se<:king for appointmr:nt on compassionate grounds, the Super-intending Enginecr, TGNPDCL, Karimnagar Circle, has issued Memo No. SE/ oP/ INR/DE(T)/Po/JAO(ADM)/JA/ D .No.2236124 dated

30.11.2024 directing the petitioner to submit 'no earning person certificale' and the Family Members Certificzrte. It,s further stated that in terms of the said Memo, the peti[ioner ]ras made an applicatron, dated 20.11.2024 before respondent No.2. The grievance o[ the petitioner is that even after receiving, thc said applicatiorr, dated 20.71.2024 respondent No.2 is not considcring tlre sirme so far.

3. Considcred the submissions of the learned counsel for the petitioncr; Sri L.Ravinder, learned Assistant Government Plcader for- Revenuc appearing for responcient Nos. 1 and 2 and with thcir consent, this writ petition is being disposed of at the admission stage. In view of the relief sought for in Lhis writ petition, issuarnce of notice to the unofl-tcial respondents is dispensed u-ith I I I I I I t I 3 CVI]R, J Wp 2404 2025 Learned counsel for the petitioner has submitted that

4. even though responclent Nos.3 ancl 4 were declared as legal heirs of the deceased, still thly are no[ entitled lor appointment on compassionate grounds and the petitioner, being the son born to the hrst wife of the deceased, alone is entitled for appointment on compassionate grounds. Learned Assistant Government Pleader for Revenue 5. appearing for respondent Nos.1 and 2, has submitted that as per G.O.Ms.No.145, Revenue (Ser.II) Department, dated 25.O4.2015 and G.O.Ms.No.237, Revenue (Services-Il) Department, dated 3O.06.20 15, respondent No'2 is competent authority to issue Family Member Certificate after conducting enquiry and duly taking into consideration the service records of the deceased. In view of the above submissions, this Court, without 6. expressing any opinion on .the right and entil lement of the petitioner for issuance of F amily Member Certihcate or No Earning Member Certihcate, deems it appropriate to dispose of this Writ Petition directing respondent No 2 to conduc[ an enquiry on the application submitted by the petitioner after issuing notice to the petitioner and respondent Nos 3 and 4 and i 4 CVBR, J Wp 2404 2025 if the pctittoner satisfies alI the requirements ol the [iovcrnment orders relerred to above, pass appropri:rte ordcrs and cornmunjcate thc same to the petitioner within a perio(l of eight (08) u.eeks lrom the date of receipt of a copy of this orclcr.

7. With tl're above observations, this Writ petition is ,1i5p6s661 of. There shall be no ordcr as to costs. 8 As a sequel, the miscellaneous petitions pcnding, if any, sl-rall stand closed //TRUE COPY// SD/-T.TIRUMALA DEVI ASSISTANT REGISTRAR iNlgcr at Hyderabad. ION OFFICER 1. The_ Principal secretary, Revenue Department, secretariat, state of rerangan 2. The Tahsildar, Quthbullapur Mandal, Medchal Malkajgiri District 3. Two CCs to GP FOR REVENUE, High Court for the b'tate of Tetangana at 4. One CC to SRI S.SRIDHAR, Advocate IOPUCI 5. Two CD Copies Hyderabad. [OUT] S To SA LS Vx t I l -'Y...-... 7,';7;Gi 'i'' /,(<'' 7:.:: {is os Fii 2c25 .i r')S3p;: 1O$ €-!l .)! * HIGH COURT DATED:2910112025 ORDER WP.No.2404 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS, .r\ oa\o