The High Court · 2025

Heard Sri N.M. Krishnaiah, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Services appearing on behalf of respondent Nos.1 and 2 and Sri G. Narayana, learned Standing Counse! appearing on behalf of respondent Nos.3 and 4.

2. The oetitioners aooroach d this Court se kino the oraver as under: "...to issue an order or direction more parttcularly one rn the nature of Wrrt of lt4andamus declaring the action of the Respondents 2 and 4 in re]ecting the case of the petitioners for compassionate appointment vide Memo dated 06.06.2023 issued by the 2'd respondent and the Letter No.AMC /BodhanlTt/2O2t- 22/81 dt. 07 .06.2023 issued by the 4th respondent, as highly rllegal, arbitrary and contrary to the G.O.Ms.No.118 Finance & Plannrng Department, dt. 18.08.1999 and set asrde the rcjection orders of the respondents 2 and 4 dt.O6.06.2023 and Ol .06.2023 and consequently direct the respondents 2 to 4 to appoint either cf the petitioners on compassionate grounds ln the 4\'' respondent office with immediate effect or alternatively dircct the respondents to pay the monetary benefits and consequcntial benefits including the pensronary benefits to the petitioners since the date of completion of five years i.e., 16.12.1997 in view of 2 SN,J wP 16.124 2021 ) the recr>m rendatrons for regularization by the 4 the interest ol justicc and pass such other relief... r espondent in 3 The caseoft he oetitio ners, ln n m in th affida rief, as o r the he ,etitioners in o the r Petit as un f i) The hu:;band of the 1st petitioner was appointed on

76.12.L992 in the Agricultural Market Committe€ Bodhan vide Proc.No.56/92-g3/462-466 as Daily wage enrployee/casual worker on full time contingency basis by the Employment Exchange vide Letter No.LB/186/92 dated 03.10 1()92' ii) Despite the issuance of G.O.Ms. No. 212 dat=d 22.04'L994 for regularization of NMRs, daily wages, who hav€ completed five years of service as on 25.11.1993, and this Hcn'ble Court in W.P.No.7447 of 1996 dated 22.02.1996 anc the Hon'ble Supreme Court in SLP NO.2f 275-27277 oF 1995 dated

06.02.1998 held that the employee shall be re gularized with effect from l he date of completion of five yt: lrs continuous service, the respondents have neither regularized the services of late husband of the 1't petitioner who rendered services since 1992 in the Agricultural Market Committee, Bcdhan and had 1 l SN.J wP 16424 20ll ) passed away on 12.06.2021 while he was in service nor provided compassionate appointment to the petitioners herein. iii) After the death of husband of 1st petitioner, the petitioner made several representations dated 28.07.2021, 28.09.2022, r8.t7.2022, 31.01.2023, 25.02.2023 and 23.05.2023 to the respondent authorities for compassionate appointment of the 1st petitioner. In pursuance of the said representations of the 1't petitioner, the 2nd respondent vide Memo dated 06.06.2023 rejected the case of the petitioner for compassionate appointment in terms of G.O.Ms.No.11B dated 18.08.1999. Aggrieved by the same, the petitioners have filed the present writ petition.

4. PERUSED THE RECO RD:- (A) The order i ouoned dated O5.O6.2O23 oassed n h 2nd Res on .l - Dir tor of rl ultural Governme nt of Telanqana Hvderabad is extracted hereunder *MEMO Sub:- Estt - Agril. Marketing Dept. - AMC Service - Compassionate appointment to Smt. Rafath Sulthana, W/o. Late M.A. Rasheed, Ex-Contingent employee - Reg Ref:- 1) Repn. Of Smt. Rafath Sulthana, W/o Late M.A.Rasheed, Dt.31.01.2023 .l SN,J wP 16424 2023 I 2) Lr.No.AMC/Bdn/tt/2o2t-22/4t3, Dt: 2'. .O2.2023 of Special Grade Secretary, AMC, Bodhan The han i ttention of the Soecial Gr de Se,:retarv, AMC, n th is herebv infor med that, Smt. Rafath Sultana ts n0 t elioible for com ssionate Doointmen t in terms of G.O.Ms. o. 118. Finance & Plannino Department, Date: lg.Og !Lggg,, ref r (B) heR ninf v rof he etitio vide Resolution dated 3O.o7.202L o ricu ltu ral Market Com mittee, Bodhan. Nizamabad Distr,ct. in favour s extracted the oetitioner, the relevant Do ion the A hereun der:- "Agenda no.1: Mr, MA Rasheed, full time contingent employee of Agricultural Market Committee at Bodh ln, died on 72.06.2021 due to ill-health. Representation received from his wife Ms Rafat Sultana. To consider that reiresentation. Resolution no.34: Mr MA Rasheed was appointed on 1 6.L2.1992 as Full Time Contingent Employee of Agric.r ltural Market Committee, Bodhan. He was being paid sali ry as per the n 72.6.2027. government rules. Due to ill-health he died r Late MA Rasheed has one daughter aged 15 , ,ea rs a nd one son aged 11 years. His family members are c ependents on his salarv. Ms Rafat Sultana wife of late MA. Rasheed, has submitted a representation to appoint her ir the place of her husband, so that she can maintair her family heC ommittee Meetin c heldon members. 30.o7.20 21. th e oitiable familv con ition of Ms Rafat Sultana was rrs of the emb( om ittee tos nd o d DTOD osa ls to the D i rector. Aqricu! tura lMarketin q d iscussed n The In ) SN,J wP 16424 202-l D r e G n t n en m ve n T an an a t f t (c) h 4 o o r f h It r Ma o the t o e B d a Don e e tracted a r f n Ni a Di here nd r "To The Director o"i,Ii,rt"' nn"rketing Department G-overnment of Telangana Hyderabad no. AM Bod han/ 1 tl2 02t-221 13 8 -1-4l s u b : AM c Bo d h a n : Y: yl,, t'[:"rn'; [i'# " :i I^I-" *ir" Ms Rafat 1,".T ""r1,'u1l emprovee of. o?..''ii:;-;oii"'i;; to irr-hearth Bodhan, died on L2-o.-z)r L representation received from his wife Ms slttanu, to consider her in the post' Ref: 1. Letter no' 3394190 dated 7-6-1990 from the ^='' ' iiliiovment officer' Nizamabad'

2. pro. no. 56 I g2-g3 I 462-466 dated- 3-- 1 issued by Personlin-ch arge ' AMC Bodhan' ?: \29', 3 Memo no Estt(2) 174:'"?3i:.t:fiil?,';i3il" of the Commissi Pradesh' HYderabad ' 4' Representatlon dated 28-7-2021of Ms Rafat - ;;ii; w/o late MA Rasheed'

5. Commiftee meeting dated 30-7-2021' Rererrine l:'l:*?#,;J,.::'#'',Hi! i;# *"ii!:!it't1 iiii'l'Zlfl ',"i?ll"iifl :ltXil:gl":l"":';J:L:lf^il:1fi : the orders of the Distrlct I 6 SN,J wP t6424 2023 ! and was continued in the duty. As his servir e could not be regularized under GO no.2l2, Finance & Planr ing Department dated 22.4.1994, he was treated as a full :ime contingent employee, vide reference no.3, under GO no.1.'1, Finance (PC- III) Department dated 31.5.2020 by paying lrir the minimum wage. Mr MA Rasheed, while discharging his duty as a full time contingent employee/ died on l2-6-202L due tr ill-health. Late MA Rasheed has wife, one daughter aged 15 yc rrs, and one son aged 11 years, who were depended on his salarr'. Ms Rafat Sultana wife of late MA Rasir|ed submitted a representation; vide reference no.4, to appoint her in her husband's post, so that she can maintain her lamily members. This issue has been discussed on 3O-f -2021 by the Committee. The lYembers of the Committee have unanimc usly resolved to send proposals to the Director, Agricull ural Marketing Department, Government of Telangana, Hyderabad for appolnting Ms Rafat Sultana as full time contiIgent employee. The resolution of the Committee is herewith e r closed, for your perusal. the Dir ral Marketino DeDartment, Government of Telanqana, Hyderabad is reouested to apooint Ms Rafat Sulta na vvife of Iate MA Rasheed, as a full time continqent emolovt re on mtnrmum waoe, so that she can maintain her familv lnembers." A rr r DISCUSSION AND CONCLUSION:- 5, Learned counsel appearing on behalf of the petitioners specifically contends that the petitioners ar-. entitled for consideration of petitioners' case for compassionate appointment as per G.O.Ms.No.11B Finance and Planning Del)artment dated

18.08.1999. But however, in spite of clear reconmendation vide Resolution dated 30.07.202t of the Special Grade Secretary, Agricultural Market Committee, Bodhan in fa,rtur of the 1st t --.7 :. 7 SN,J wP 16424 202i petitioner herein, no action had been initiated by the respondent authorities and curiously without conducting any inquiry and without ascertaining whether the petitioner complied with the eligibility criteria as laid down terms of G.O.Ms.No.11g, Finance and planning Department, dated 18.09.1999, without considering the relevant documents in support of petitioners case, the request of the petitioner had been rejected mechanically by the 2,,,r respondent herein on the ground that the petitioner is not eligible for compassionate appointment in terms of G.O.Ms.No.11B, Finance and planning Department, dated 18.08.1999 and the same is in clear violation of principles of natural justice and therefore, the writ petition has to be allowed as prayed for. 6 ta Gov rnm ntP d I h r t 2 n t h or u s w o con uc !n an n borneon reco dbe ft of rea ns. o a n e n m a

7. A bare perusal of the record clearly indicates the Resolution dated 30.07.202r of the speciar Grade Secretary, Agricultural Market Committee, Bodhan which is a clear positive 8 SN,J wP t6424 2023 recommendation for the appointment of the 1'r p etitioner in the place of 1st petitioner's husband, so that the I)etitioner could maintain her family members. In Fact the said resolution dated 30.07.2021 of the Members of the Committee had been unanimously passed and the said proposal s,r:nt to the 2nd respondent - Director, Agricultural Marketinrl Department, Government of Telangana, Hyderabad for appoirrlment of the 1st petitioner as full time contingent employee.

8. G.O.Ms.No.118, F & P (FW.PC.III) Department, dated 18.08.1999 provides for compassionate apl,ointments to the children of the deceased Daily Wage or NMR or Consolidated Pay person or Contingent workr:r on fuil time basis or Part-time employees for ccmpassionate appointment reads as under: "If the deceased Daily Wage t)r N.M.R. or Consolirlated Pay Pension or Contingent worker on futt time basis/Part-time basis was fully eligible fc,r regularization under section 7 of the Andhra pradesh( Reg u lation of Appointments to Public Services and Ra ionalization of Staff Pattern and Pay Structure) Act, ) )94 read with G.O.Ms.No.212, Fin. & Pig. (FW.PC.Iil) Deplrtment, dated the 22''d April, 1994 and G.O.(p) No.112, Fin & ptg. (FW.pC III) Department, dated the 23,d .) tiy, 1997 who ,r' I SN,J wP t6424 2023 could not be regularized due to administrative reasons, the case of dependents of only such deceased Daily Wage or N.M.R. or Consolidated pay person or Contingent worker can be considered for compassionate appointment from the date of issue of orders. "

9. A bare perusal of G.O.Ms.No.118 dated 18.08.1999 referred to and extracted above clearly indicates that the said G.O., provides for compassionate appointment to the dependants of deceased Daily Wage or NMR or Consolidated Pay person or Contingent worker on full time basis or Part-time employees subject to fulfilling the conditions under G.O.Ms.No.212, Finance and Planning dated 22.04.1994 under Section 7 of the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994. It is the specific case of the petitioner as per the averments made in the affidavit filed in support of the present writ petition that the First petitioner fulfills the said conditions as laid down under the said G.O, in particular clause (1) of G.O.Ms.No.11B dated

18.08.1999.

10. This Court opines that the order impugned dated 06.06.2023 of the 2nd respondent is passed hastily without application of mind in a routine casual manner, without ,] \ l0 S N,J wP t6424 l02l ) t_ considering the object of the Scheme of Compassionate appointment nor the claim of the compassionat€r appointment of the 1't pet tioner without conducting any ir quiry, without examining the relevant documents in support ol'the petitioner's case and the specific case of the first petitione r that the first petitioner complies with the required criteria ES stipu lated in G.O.Ms.No.1LB dated 18.08.1999 for compassionate appointment and totally ignoring the clear reco rr m endations in favour of the petitioner vide resolution dated 3).07.202O2t of the Agricultural Market Committee, Bodhan, Nizarrabad District

11. A bare perusal of the proceedings dated 0,1 08.2021 of the Chairperson addressed to the 2nd respondent he-ein indicates a reference to the Resolution dated 30.07.2021 of the Agricultural Market Committee Bodhan, Nizamabad District p:ssed rn favour of the petitioner with a request to the 2nd responCent to appoint the petitiont:r herein as full time contingent employee of minimum wage so as to enable the petitioner to maintain the petitioner's family. But however the 2nd respon Jent passed the impugned order contrary to the record neither :onsidering the resolution dated 30.07.202t nor the letter datea 04.08.2021 of the Chair Person viz., Wagmare Archana, Bodh;rn, addressed to 7/ u SN,J wP 16424 2023 l the 2nd respondent herein' Hence this Court opines that the subject issue needs to be reconsidered by the 2nd respondent' L2. The object of compassionate appointment is a social security measure to support the family of the deceased government servant, who dies in harness' The aim and object of the policy for compassionate appo'ntment is to provide financial support to the family of the deceased employee, who left the dependents in distress and penury' Thecoreaimoftheobjectofprovidingcompassionate appointment as to retieve the family from financial sufferings being faced for the sudden demise of the Bread Winner of the family. The sufferings being faced by the dependents of the deceased employee for sudden demise of the Bread Winner could be solved for some extent by providing compassionate appointment to one of the dependents of the deceased employee to took after the family.

13. This Court opines that the subject issue requ'res reconsideration by the 2nd respondent duly taking into consaderation the very object of the scheme of compassionate appointment and the specific plea of the t2 SN.J \r't, l6,l2.l t02-l petitioner that the petitioner is eligible for compassionate appointment in terms of G.O.Ms.No.118 Finance and -r Planning Department, dated 18.08.1999 try conducting \ due enquiry. L4. Takinq into consideration:- a) The aforesaid facts and circumstances of the case, b) The submissions made by the le;rrned counsel appearing on behalf of the petitioners anri the learned Assistant Government Pleader appearing on behalf of the 1't and 2"d respondents, and the learned Standing Counset appearing on behalf of the 3'd and 4th respondents, c) The order impugned dated 06.06,ilo21 as borne on record being bereft of reasons, d) The Resolution dated 30.O7.2O2L of the Agricultural Market Committee, Bodhan, Nizamabad District (referred to and extracted above), ir favour of the petitioner herein, e) The recommendation of the Chairperson dated 04,08.2021, addressed to the 2nd respondent - The 7 a l3 SN.J wP 16424 202i Director Agricultura! Marketing Department, Government of Telangana, Hyderabad, (referred to and extracted above) in favour of the petitioner herein, f) The very object of the scheme of compassionate appointment, The Writ Petition is allowed. The order impugned dated O6.06.2023 passed by the 2nd Respondent - Director of Agricultural Marketing Government of Telangana, Hyderabad is set aside and the matter is remitted to the 2nd respondent to reconsider the representation of the petitioner dated 31'O1.2023 seeking compassionate appointment for the 1't petitioner duly taking into consideration the very object of the scheme of compassaonate appointment, the resolution dated 3O.O7.2O2L of Agricultural Market Committee, Bodhan, Nizamabad District, passed in favour of the petitioner herein and also the recommendation of Chairperson dated O4.OA.2O2L addressed to the 2nd respondent, in accordance to law, in conformity with principles of natural justice by providing an opportunity of personal hearing to the petitioner duly examining the relevant documents in support of the petitioners case pertaining to the eligibility I .t t4 SN,J u/P 16424 202i of the 1st petitioner in terms of G.O.Ms. No,118, Finance and Planning (FW.PC.III) dated 18.08.1999, and pass appropriate reasoned speaking orders, within, four (O4) weeks from the date of receipt of a copy of flris order and duly communicate the decision to the petitioner. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// d9;i[fX,fiYAIti#AXX TSECTION OFFICER To,

1. The Secretary, Agriculture and Marketing Db rartment, Secretariat, Hyderabad, State of Telangana. \

2. The Director, Agriculture and [\/arketing, Gover rment of Telangana, Hyderabad.

3. The District l'/larketing Officer, Nizamabad District, Niz: mabad. 4. The Special Grade Secretary, Agriculture and Markelirrg Commrttee, Bodhan, Nizambad D strict.

5. One CC to SRI N.IV KRISHNAIAH, Advocate IOPUCI 6. One CC to SRI G NARAYANA, SC FOR AMC [OPUC] 7. Two CCs to GP FOR SERVICES, High Court for th€ State of Telangana at Hyderabad IOUT]

8. Two CD {lep;s5 BSR ttE - HIGH COURT DATED:2810812025 , CC TODAY oRDER WP.No.16424 of 202 .: ,.q: q olt- t- o FTE ,$, \+ + r11 1C :l'" ALLOWING THE WRIT PETITION, WITHOUT COSTS \!ar@ F."r*, {\"