M.Ganesh v. The District Collecto(SCDD)

Fetition 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 issue an order or directiOn more particularly one in the nature of Writ of Mandamus to declare the action of the 'lst respondent in rejecting the plea of the petitioner proceedings Rc.No.A1/369/2017 dt.281912120. to provide compassionate Appointment in last grade post on expiry of his father ln service even after attaining age of '18 years as on 51512020, by violating the Rule I of Last grade service rules 1992, issued under Article 309 of constitution of lndia through an executive order is highly illegal, unjust, unfair, u nconstitutiona I and violation of Articles 14 and 16 of our Constitution and prays to set-aside impugned memo in proceedings Rc.No.Al136912017, dt.281912020, with direction to the respondent herein to provide Qompassionate Appointment to the petitioner in last grade post on attaining the age of 18 on 0110712020, of this year as per rule B of the statutory rules of last grade seryices 1992, on O5lO5l2O2O w.e.f.01107t2020, with all consequential monetary benefits and arrears to pay. 1 lA NO: 1 OF 2020 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 suspend the impugned memo Rc.No.A1t36912017, daled 2810912020 issued by the 1st respondent, with a direction to provide compassionate Appointment to the petitioner in last grade post forthwith for attaining the age of 18 years on 1.st July 2020, as per Rule 8 of statutory rules of last grade services rules 1992 issued under article 309 of constitution of lndia and pending dispgsal of the writ petition Counse! for the Petitioner: SRI CH.GANESE Counsel for the Respondent Nos.1 I 2. Ol FOR SERVICES lll Goirnsel for the Respondent No.3: GP FOR SERVICES I The Court made the followingl ORQER l HON.BLE sRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.19503 ol 2020 ORDER: This writ petition is filed for following relief: "to issue o writ order of direction more particulorly one in the noture of Writ of Mondomus to declore the oction of the 1't respondent in reiecting the pteo of the petitioner proceedings Rc.No.AL/i69/2017, doted 28.09.2020, to provide Compossionote Appointment in last grode post on expiry of his fother in service even after ottoining the oge of 18 years os on 05.05.2020, by violoting the Rule 8 of Lost grode service rules 1992, issued under Article 309 of Constitution of lndio through an executive order os' highly ittegal, unjust, unfoir, unconstitutionol ond violation of Articles 14& 1"6 of our Constitution ond proys to set-oside impugned memo in proceedings Rc.No.A1/359/2017, dated 28.09.2020, with direction to the respondent herein to provide Compassionote Appointment to the petitioner in last grode post on attoining the age of 18 on 01.07.2020, of this yeor os per rule 8 o f the stotutory rules of lost grode services 1992, on 05.05.2020 w.e.f 01.07.2020, with all consequentiol benefits and orreafs to poy ond poss such other order or orders os this Hon'ble Court moy deem fit ond proper in the circumstonces of the cose."

2. The petitioner is the son of Mr. M. Ramulu, who died on

23.10.2017 while working as a watchman at the SC Boys Hostel in Angadichitmpally, Vikarabad District. Though the petitioner's mother submitted a representation dated 27.O7.2017, enclosing 2 t the relevant documents and stating that she had no objection to the petitioner being given employment on compassionate grounds, the respondents rejected the request on the ground that .the petitioner was a minor on the date of his father's death, and that his request could not be considered until he attained the age of 18 years. 1-he petitioner contends that, as per Rule 8 of the Telangana Last Grade Service Rules, 1992, he became eligible after attaining the age of 18 years on 05.05.2020 and having passed Class X. However, respondent No.L is insisting that the petitioner must have been L8 years of age at the time of his father's death, which is contrary to the statutory Rule 8 of the Telangana Last Grade Service Rules, 1992. The petitioner also relies upon G.O.Ms.No.290 dated 30.03.1994 and G.O.Ms.No.1676 dated O2.Og.201.7, wherein compassionate appointments were granted by relaxing the rules. ln spite of the same, the petitioner was not provided employment. Hence, the present writ petition.

03. Respondent No.1 filed a counter affidavit on behalf of the respondents, denying the averments in the writ petition and contended that, as per Government Memo No.61g/Servic es A/79- 11 dated 17.1,2.L979, a minor dependent of an employee who dies r in harness should not be considered for employment under this scheme, as there is no contractual relationship between the Government and a minor.

04. Heard learned counsel for the petitioner as well as learned Government Pleader for Services appearing for the respondents' Perused the record.

05. Learned counsel for the petitioner contends that since the petitioner has already attained the age of 18 years and passed Class X as on 05.05.202O, he is entitled to employment on compassionate grounds. He further contended that in G.O.Ms.No.290 dated 30.03.1994 and G'O'Ms'No'1676 dated O2.Og.2011,,though the applicants therein were minors' they were provided employment on compassionate grounds by regularizing the rules, and hence, sought for allowing the writ petition'

06. On the other hand, learned Government Pleader for Services contended that since the petitioner is a minor and on the date of death of his father he is not entitled for compassionate L a ppointment.

07. A perusal of G.O.Ms'No'290 dated 30'03'1994 and G.O.Ms.No.1676 dated O2.Og.2OL1 discloses that the applicants I I \-_ - .1 \t - \ 4 therein were provided employment, though they were minors, by regularizing the rules. The petitioner herein also stands on the same footing and hence is also entitled to appointment on compassiorrate grounds.

08. Having regard to the submissions made by the leanred counsel for the respective parties and in view of the G.O.Ms.No.290 dated 30.03.1994 and G.O.Ms.No.1676 dated O2.O9.2011since the petitioner also stands on the sarne footing he is also entitled for appointment of compassionate grounds.

09. Accordingly, writ petition is allowed directing the respondenl: authorities to consider the case of the petitioner for appointment on compassionate grounds since the petitioner has attained the age of 18 years as on 01.07.2020 and pass appropriate orders in accordance with law. No costs.

10. Cohsequently, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. That Rule Nisi has been made absolute as above. Witness THE HON'BLE THE ACTTNG CHTEF JUSTTCE SUJOY pAUL, on this TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE //TRUE COPY// SD/.T. TIRUMALA DEVI GISTRAR R:::* OFFICER

1. The District tlollecto(SCDD), Vikarabad, Vikarabad.bistrict. .-l- '"''' To I I \ t'-- .// \ 3 4 5 7 PSK. BS s Ielangana Secretariat. Hyderabad, State of Telanqana. . The District Sub-collector / Divisional officer, Vikarabad, Vikarabad District. . The Principat Secretary Schedule castes Devetopmeni Dep;rfi;;t" . ONE CC tO SRI CH.GANESH, AdVOCAIC IOPUCI " ' Two ccs to GP FoR SERVTcES-ril; High iou-ritor the state of rerangana, at Hyderabad [OUT] Two CCs to Gp FOR SERV|CES_I, High Court for the State of Telangana, at l-lyderabad [QUT] Two CD Copies HIGH COURT' DATED:0710112025 ORDER WP.No.19503 of 2020 I I ALLOWING THE WRIT PETITION WITHOUT CQSTS coq'* Wq,.