✦ High Court of India · 19 Mar 2025

The High Court · 2025

Case Details High Court of India · 19 Mar 2025
Court
High Court of India
Decided
19 Mar 2025
Bench
Not available
Length
1,033 words

Petitiqn under Article 226 ol the Constitution of lndia praying that in the circum$tances stated in the affidavit filed therewith, the High Court may be pleased to issue a4 apprgpriqte Writ, Order of (irection, preferably one in the nature of Wfit of Mandamus and to declare lhe in aclion of the respondents are not passing any final orders on the representation dt. 02-02-2021 pursuant to the G.O.Ms.No.118, Finance and Planning (FW.PC.lll) Department, dt. 18-08-1 999, which is pending before the 1st respondent who is competent authority for issui;'rg appointment orders under compassionate grounds, the said action of tfre lespon{ents ig as highly illegal arbitrary, unreasonable, and also in violation qf principles of natural justicg and declare the same as bad-in-law 2n( qonqgquenlly direct the respondents to consider the case of the petitioner for compasslonqte appointment under compassionate grounds as a Lascar or in any suitable post under control of the 5th respondent and pass final orders on representation dt. 02-02-2021 which is pending before the 1st respondent by taking into consideration of the G.O.Ms.Nq.118, Finance and Planning (FW.PC.lll) Department, dt. 18-08-1999, and to pass such other order or olders Honble Court may deqms fit just and p!:oper in the circum$tqnces of the case. lA NO: 1 OF 2025 Petitiqn under Secfion 151 GPq praying thqt in the circumstq6qes stated in the affidavil filed in support of the petition, th9 High Courl may be pleased pleased to dirgct the respondents to pass final ordgrs on representalion dt. 02-02:. 20!1 which iq pending before the 1st responden! by t?fing into eo[sidetatiqn ef tfiq G,O Mq,No.11g, Finance and Planning (FW.PC lll) Departrnent, dt. 1A- p8.r1999 for qonsidering the case of the petitigner for qompaqsionale Fppointmen! under QQmpaaqionate groundq AS a Lascar pr in any suitable post under contfol of the sth respandent, pending di;posql pf the ahove writ petition. Counsef for the Petltionqr : S[l C.RAJA $EKHAB REDPY Coqrnsel for the Respondentq; GP FQR SERVICES I The Cqurt made the following: OR0ER o I THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.8173 OF 2025 9,@EB: With the consent of both the parties, this Writ Petition is disposed of at the admission stage itself.

2. Heard Sri C. Raja Sekhar Reddy, learned counsel for the petitioner, and learned Government Pleader for Services-I, appearing for respondent Nos.1 to 5. Perused the material on reco rd.

3. The case of the petitioner is that the petitioner is the son of the deceased Late M. Pitchaiah, who worked as an NMR (Lascar) in the NSC O&M Sub-Division, Nereducherla, Nalgonda District. The petitioner's father passed away on 07.09.20t9, leaving behind his wife, the petitioner (son), and a married daughter. At the time of death, the petitioner's father had completed over 11 years of service, but his employment had not yet been regularized. ln 2020, the petitioner submitted a representation to respondent No.5 seeking compassionate appointment, but due to COVID-19 pandemic, no response was received. The petitioner subsequently submitted another representation on 02.02.202L to the Government, which was duly received by respondent No.1. However, respondent No.1 has neither examined the representation I i I t- 2 nor passed any final orders regarding the petitioner's case. The petitioner claims entitlement to compassionate appointment under G.O.Ms.No.118, Finance and Planning (FW.PC.III) Department, dated 18.08.1999, asserting that his father was eligible for regularization. The petitioner contends that the delay in processing his request is illegal and arbitrary, causing severe financial hardship to the family. Aggrieved by this, the petitioner has filed the present Writ Petition.

4. Learned counsel for the petitioner submits that appropriate orders should be passed in this Writ Petition, directing the respondents to consider the representation submitted by the petitioner on 02.02.2021 and pass appropriate orders in accordance with law.

5. Learned Government Pleader for Services-I, appearing for the respondents, submits that the petitioner's father worked for a period of 10 years and was not regularized in service, whereas the petitioner, in his representation dated 02.02.2021, has stated that his father worked for 15 years.

6. Having regard to the rival submissions made by the learned counsel for the respective parties, without going into the merits of the case, this Writ Petition is disposed of directing respondent No.1 to consider the petitioner's representation dated 02.02.202I, and pass appropriate possible, prefera date of receipt of I costs. J orders in accordance wi ''n '"' as expeditiously as bly, within a period o, eight (B) weeks from the a copy of this order. There shall be no order as to As a sequel, miscellaneous applications Writ petition, shall stand closed. pending, if any, in this //TRUE COPY// SD/-K, SREE RAMA MURTHY EPUTY REGISTRAR SECTION OFFICER \ To, '1. The Principal Secretary, lnigation and CAD Department, Secretariat Buildings, State of Telan gana, Hyderaba d-500022.

2. The Engineer-in-Chief (Admn), I and CAD Department, Jalasoudha Building, Erramanzil, Hyderabad. 3 The Chief Engineer, I and CAD, Suryapet, Suryapet Diskict. 4. Jhe Superintending Engipeer, I and CAD Kodad, Suryapel p;spict. 5. The Exqcutive Engineer, NSC O and M Divisipn, Huzurnagar, Suryapet District.

6. Qne CC to SRI C B,AJA SEKHAR REQDY, Advocate. IOPUCI 7. Two_CCs to GP FQR SERVIQES l, High Cou4 for the State of Telangana IqUT] I Two CD Copies. BSK rr"' \ t HIGH COURT DATED: 1 910312025 ORDER WP.No.8173 of 2025 ,1 ,r f, o o g SiAr6 1 OB APfl 2025 c 3 t DEs patc DISPOSTNG OF THE WRIT PETITION WITHOUT COSTS /4 4z 9/a/< ,

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