The 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 issue a Writ of [\/andamus to declare the action of the Respondents in not considering the case of the Petitioner for appointment to the post of Junior Assistant / Typist under compassionate grounds and appointing him as Cook even though, he has no knowledge of cooking vide Proc., No.TD1/98/2022 dt. 19.09-2024 as illegal, arbitrary, unjust and violative of Articles 14 and 16 of the Constitution of lndia and consequently, direct the Respondents to appoint the Petitioner as Junior Assistant / Typist under compassionate grounds as per his ellgibility and suitability, from the date of his eligibility, with all service and monetary benefits. lA NO: 'l OF 2025 Petition under Section 151 CPC praying that in the circumstances stated tn the affidavit filed in support of the petition, the High Court may be pleased to -l direct the 1st Respondent to consider the representations of the Petitioner dt. 20.01 .2025 and 27.O1 .2025, for his appointment to the post of Junior Assistant, in the existing vacancy available in the office of the District Audit Officer, State Audit, Suryapet District, under compassionate grounds pending disposal of the above writ petition. Counsel for the Petitioner: SRI POODATTU AMARENDER Counsei for the Respondents: AGP FOR SERVICES lll The Court made the following: ORDER ( 1 THE HoN'BLE SRI JUSTIC NAMAVARAPU RAJES WAR RAO E WRIT PETITION No.2O374 OF 2025 ORDER: With the consent of both parties, this Writ Petition is disposed of at the admission stage itself.

2. Heard Mr. Poodattu Amarender, learned counsel for the petitioner, and learned Assistant Government Pleader for Services-III appearing for the respondents. Perused the material on record.

3. Brief facts of the case are that, the petitioner was appointed as Cook in Government Tribal Welfare Boys Hostel, Thungathurthy, on compassionate grounds yrde Proceedings No.TD1/98/2022, dated 19.09.2024, by respondent No.1, following the death of his father, Sri Palleti Bhadraiah, on 30.04.2021, who had rendered 33 years of service as a Daily Wage Worker in the Tribal Welfare Department. His father, along with oth.ers, had earlier approached this Hon'ble Court, and pursuant to the orders in W.P.No.176 of 2018, minlmum time scales were extended pending regularization vrde proceedings of the District Collector, Nalgonda, dated 30.12.2077. The petitioner submitted a representation on 23.06.2021, and fufther representations on 05.09.2022 and

06.03.2023, seeking compassionate appointment as lunior Assistant under G.O.Ms.No.118, dated 18.08.1999. Respondent No.1 addressed a letter dated LO.tO.2022 to the Commissioner of Tribal Welfare seeking necessary action. As no appointment was made, the petitioner filed W.P.No.l795l of 2023, which was disposed of on 17.07.2023, directing respondent No.1 to take a decision on 2 his representation.

4. As the order dated ILOT.2023 was not complied with, the petitioner filed contempt case No.41B of 2024, in which notices were issued and personal appearance was ordered on 19.07.2024. subsequently, he was appointed as cook on 19.09.2024 and joined duty under protest on 20.09.2024. During the hearing on 08.11.2024, this court recorded the AGp,s submission that there were no lunior Assistant or Typist vacancies and the petitioner was placed in the available cook post. The contempt case was closed with liberty to make a representation. Accordingly, the petitioner submitted further representations dated 20.01.2025 and 27.01.2025, referring to a vacancy in the office of the District Audit officer, suryapet, and G.o.Ms.No.79 dated 20.07.2023, under which 1,266 posts were upgraded on a supernumerary basis. As no action was taken despite the petitioner.s eligibility and the existence of vacancy, the present Writ petition has been filed.

5. Learned counsel for the petitioner submits that appropriate orders be passed in this writ Petition by directing the respondents to consider the petitioner's representations dated 20.0t.2025 and 27.or.zo2s and pass appropriate orders in accordance with law.

6. Learned Assistant Government pleader for Services-Ill submits that the petitioner has already been appointed on compassionate grounds and is / presently in service, and therefore, the question of further appointment does 3 not a rise.

7. Learned counsel for the petitioner further submits that in Contempt Case No.41B of 2024, this Court had granted liberty to the petitioner to make a representation to the respondents for appointment to the post of lunior Assistant or Typist, as and when any vacancy arises.

8. Taking into consideration the 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' the respondent authorities to consider the petitioner's representations dated 20.OL2O25 and 27.OI.2025 and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of eight (8) 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. SD/. A.V.S.PRASAD DEPUTY REGISTRAR //TRUE COPYII secrrolrffircen

1. The District Collector, Suryapet, Suryapet District. 2. The District Tribal Development Officer, Suryapet, Suryapet District. 3. The Commissioner of Tribal Welfare, TG State, Hyderabad. 4. The District Audit Officer, State Audit, Suryapet District. 5. The Principal Secretary, Tribai Weifare Dept., Secretariat, Hyderabad, State of Telangana.

6. One CC to SRI POODATTU AIVARENDER, Advocate [OPUC] 7. Two CCs to GP FOR SERVICES-Ill, High Court for the State of Telangana, at Hyderabad. [OUT]

8. Two CD Copies To PSK TKS HIGH COURT DATED:1 610712025 { e lHE Sr4 14: o( 6 \ 05 tuE M .oeS F,^. r (l r' .r. I ORDER WP.No.20374 of 2025 ( + 'i o ) )t+ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ilA