High Court · 2025

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 lssue any writ, order or direction particularly one in the nature of WRIT OF [/ANDAIVIUS declaring the inaction on the part of the Respondents in considering the petitioner case for providing compassionate appointment consequent on the death of the Petitioners father in any suitable post in the Respondent Department as illegal, arbitrary, bad in law, discriminatory, violative of Art.14 and 21 of the Constitution of lndia and consequently direct the Respondents to consider the petitioner case for provlding compassionate appointment to the Petitioner consequent on the death of the Petitioners father in any suitable post in the Respondent Department. l.A. NO: 1 OF 2016(WPMP. NO: 41606 OF 2016) Petition under Section 151 CPC praying that in thr: r;ircumstances stated in the affidavit filed in support of the petition, the High CoLrr may be pleased direct the Respondents to consider Petitioner case for f,,',-,vrding compassionate appointment to Petitioner consequent on the death of P:rtrtioner's father in any suitable post in the Respondent Department pending d r;:rosal of the above writ petition. Counsel for the Petitioner : SRI P.B.VIJAY KUMAR Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER I I ./. J,,I ,/, a' THE HON'BLE SRI J USTICE NAMAVARAPU RAJEs HWAR RAo WRIT PETITION No.33712 OF 2016 ORDER: This Writ Petition is filed seekinq the following relief: "... to lssue any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of the Respondents in considering the petitioner case for providing compassionate appointment consequent on the death of the Petitioner's father in any suitable post in the Respondent Department as illegal, arbitrary, bad in law, discriminatory, violative of Art. 14 and 21 of the Constitution of India and consequently direct the Respondents to consider the petitioner case for providing compassionate appointment to the Petitioner consequent on the death of the Petitioner's father in any suitable post in the Respondent Department and pass,.,"

2. Heard Sri P.B. Vijay Kumar, learned counsel for the petitioner and learned Government Pleader for Services-I, appearing for the respondents. Perused the material on record.

3. Learned counsel for the petitioner submits that the petitioner is the son of Late B. Venu Gopal, rvho was working as a Teacher (LFL Hlvl) at Government School in P.S. Pedda Thanda, Doma, Ranga Reddy District, and petitioner's father expired on 10.01.2015. Following his death, the I petitioner applied for compassionate appointment on 03.09.2015, and the application was forwarded by respondent No'3 to respondent No.2 on

14.70.2015. Despite being qualified and eligible, the application remains ,'q+f'- ...i, .-, . '. '...r. *rl , ' dtitl*l!' pending due to non-issuance of a financial statul; certificate by the Revenue Divisiona I Oificer (RDO).

4. Learned counsel for the petitioner furthi:i- submits that the petitioner's iepresentation, dated 03.09.2tr1:J seeking early consideratron, renrained unaddressed till date. Initial y a family member certificate was issued by the Tahsildar after enq -rl 'y, but was later cancelled by the RDO vlde proceeding No.A/972/201r, dated 07.O7.2075, based on a disputed claim by Smt. Boini Laxmi, vitro allegedly is the deceased's wife

5. Learned :ounsel further submits that the pel,il-ioner's mother is the legally wedded wife of Late B. Venu Gopal as per s,ervice records and pension and terminal benefits were sanctioned i'r her favour on 11 .04.2075, confirming her legal status. It is contendird that Smt. Boini Laxmi is not the legally wedded wife of the deceas,l{1, as per revenue reports. The RDO cancelled the petitioner's family member certificate/ leg a I heir certificate based on the repor': cf the Tahsildar, Doma Mandal and directed the parties to approach thr: livil Court and get the family member certificate. As such, the said Boini l-axmi and her son filed a suit in O.S.No.41 of 2015 on the file of S:nior Civil Judge, Vikarabad, Ranga Reddy. The said suit was dismir;s:d for default on

24.04.2024. I l I I I I I I I I l I I i I I I I I i I t l : I I I I .,,,. j 6. Learned counsel for the petitioner further submits that appropriate directions be issued to respondent No.4 to consider the representation dated 03.09.2015, forwarded on L4.LO.2OI5, in light of the dismissal of Suit O.S.No.47 of 2015, and pass appropriate orders in accordance with law. 7, Learned Government Pleader for Services-I does not dispute the submissions made by the learned counsel for the petitioner.

8. Having considered the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the case, this Writ Petition is disposed of with a directron to respondent No.4 to consider the petitioner's representation dated 03.09.2015, forwarded on 14.10.2015, in light of the dismissal of Suit O.S.No.41 of 2015, and pass appropriate orders in accordance with law, preferably within a period of eight (B) weeks from the date of receipt of a copy oF this order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed \ i To, //TRUE COPYi/ SD/- C. DEEPIKA ISTANT REGISTRAR SECTION OFFICER

1. The Principal Secretary, Revenue Department, Secretariat,State of Telangana, Hyderabad.

2. The Tahsildar, Dama lvlandal, Ranga Reddy District., The Revenue Divisional Officer, Chevella Division, Ranga Reddy Distri 3

4. The District Educatronal Officer, Ranga Reddy District' d-- 5. One CC to SRI P.B.VIJAY KUMAR, Advocate tOPUCl Ct l' o Two CCs to GP FOR SERVICES l, High Court for th:: State of Telangana [ouT]

7. Two CD CoPies BSK g GJP HIGH COURT ( DATED:1910812025 I I r iP )-t'6 ?:l ;.' ORDER WP.No.33712 of 2016 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ { o