Smt.. Guggilla Swaplq v. !nergy

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 an appropriate writ, order or direction more particularly one in the nature of Writ of lMandamus declaring the inaction of the respondents in considering the representation of petitioner dated 2311112O2O for appointing the petitioner on compassionate grounds for the death of the husband of the petitioner viz. Guggilla Satyanarayana who died while working with the respondent organisation due to heart attack as arbitrary, illegal and in violation of principles of natural justice and consequently direct the respondents to appoint the petitioner in any suitable post by consider,ing the representation of the petitioner dated 2311112020 in the interest of justice lA NO: 1 OF 2021 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 direct the respondents to appoint the petitioner on compassionate grounds in any suitable post by considering the representation of the petitioner dated 23- 11-2A20, pending disposal of the writ petition Counsel for the Petitioner: SRl. D V SHRIKANT Counsel for the Respondent No. 1: Gp FOR ENERGY counsel for the Respondent Nos. 2&3: sRl ZAKIR ALI DANESH, sc The Court made the following: ORDER THE HON'BLE MRS. JUSTICE SUREPALLI NANDA W.P. No. 25621 ()F zfJ21 ORD ER: . Heard Sri D-L. Pandu, tearned counsel appearing on behalf of the petitioner, learned Government Pleader for Energy appearing on behalf of Respondent No.l and Sri Zakir Ali Danesh, learned standing counsel appearing on behalf of Respondent Nos.2 and 3.

2. The Petitioner aooroached this Court seeki o the Drayer as un er "...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in considering the representation of petitioner dated 23.Lt.2020 for appointing the petitioner on compassionate grounds for the death of the husband of the petitioner viz., Guggilla Satyanarayana who died while working with the respondent organization due to heart attack as arbitrary, illegal and in violation of principles of natural justice and consequently direct the respondents to appoint the petitioner in any suitable post by considering the representation of the petitioner dated 23.1i.2020 in the interest of justice and pass such other order..." 2 SN,J WP No.25621_2021

3. The case of the petitioner, in brief, is that the petitioner,s husband worked as Sub Station Operator with the 3.d respondent department on outsourcing basis since 31.07.2009 for a period of more than seven years and during his service the husband of the letitioner died due to heart attack on 20.0g.2016. The petitioner is having two minor children and no other income source from any side. The outsourced employees working in the respondent department were converted as Artisans w.e.f., 04.l2.2OL6as per the guidetines in N.o.o. (Jt.secy) Ms.No.128 dated 23.10.2019. The petitioner made a representation dated 23.L1.2020 and L9.06.2017 for compassionate appointment, but the respondents had not considered the said representation of the petitioner. Aggrieved by the same, the petitioner filed the present writ petition.

4.P RUsEDTHE RECO RD. (A) the 3'd r DOndent, in AV h b n n f Darticular at Dara4 (c) s cifical averr und r: "c) It is further submitted that the Northern power Distribution Company has farmed guidelines as per notification N o o (Jt.secy) MS No.218 dated 23.10.2019 and one of the criteria as per clause No.B, .,-fhe ^ 3 SN,] wP No.25621_2021 .connpassionate appointment will be provided to the dependents of the deceased artisans who expired on or atler 04.12.2016". DISCuss NCLUS ION:

5. Learned standing counsel appearing on behalf of respondent No.3 contends that the petitionert husband expired on 23.08.2016 and as per guidelines framed by the Northern Power Distribution Company Llmited dated 23.10.2019 one of the criteria as per clause No.8 is that "The compassionate appointment would be provided to the dependents of the deceased artisans who expired on or after 04.12.2016". Therefore, the claim of the petitioner for employment of compassionate grounds could not be considered.

6. 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 appointment is to provide financial support to the family of the deceased employee, who left the dependents in distress and penury. The core aim of the object of providing compassionate appointment is to relieve the family from financial sufferings being faced for the sudden demise of the Bread 1 4 SN,J WP No.25621_2021 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 upto some extent by providing compassionate appointment to one of the dependents of the deceased employee to look after the family. The said relief should not be denied on technical grounds and hence the petitioner,s request for compassionate appointment cannot be retected t! a d tinq the verv obiect of compassion ate aDootn tment without cond uctinq anv enouirv whether the oetitioner falls within the said quidelines dulv examininq petitioner's claim bv examininq the oetitioners relevant docu ents tn suo Dort of Detitioner case, statino that thei aooli cant does not fall u nder the q uidelines in voque.

7. Para 4 clause 'c' of the counter affidavit filed by respondent No.3 (referred to and extracted above) indicates that since petitioner,s husband expired on 23.08.2016 and since the petitioner,s husband was not working as outsource personnet as on O4.12.2O1G the claam of the petitioner for emptoyment on compassionate grounds cannot be considered and the petitioner fell short 5 sN,l wP No.25621-2021 of three months period to be eligible for securing the benefit of compassaonate appointment as per the guideiines in force as averred at para 4 (c) of the counter filed by resPondent No.3. OMETI

8. This Court opines that the representation dated 23.1,-.2020 seeking appointment of compassionate'grounds for the death of the husband of the petitioner needs to be considered as per the Scheme of the Respondent Company as a special case for ing compassionate appointment in exceptional circumstances with certain modifications in terms and conditions.

9. Taking into consideration the object of the scheme of the compassionate appointment, this Court opines that on technical pleas. request of compas.sionate appointment cannot be denied. The counter affidavit filed on behalf of the 3d respondent does not indicate any orders having been passed on the representation of the petitioner dated passionate appointment' as on

23.L1.2O2O seeking date by the resPondents herein-

10. n : I 6 SN,J wP t'to.25621_2021 (a) The aforesaid facts and circumstances of the case, (b) The submissions of the l€arned counsel .appearing on behalf of the petitioner and the learned standing counsel appearing on behalf of the respondents, (c) The averments of the counter affidavit filed on behalf of the 3'd respondent (referred to and extracted above), (d) The criteria as per clause g which indicates that the compassionate appointment would be provided to the dependents of the deceased Artisans who expired on or before 04.12.2(J16 as per the guidetines framed as per the notification dated 23.10.2O19 the Northern power Distribution Company Limited, (e) In the light of discussion and conctusion as arrived at paras 5 to 1O ofthe present Judgment, The writ petition is disposed of directing the respondents to consider the representation of the petitioner dated 23.11.2020 duly taking into consideration the scheme of the compassionate appointment of the respondent company and atso the request of the ., SNJ wP No.25621-2021 petitioner for exemption of the period of three months since the petitioner's late husband expired on 2O'08'2016 and the benefit of compassionate appointment had been provided under the Scheme of the respondent company only to the dependants of the deceased Artisans who had expired on or after O4.12.2O16 and pass appropriate reasoned order, within a period of four (o4) weeks from the date of receipt of copy of the order, in accordance to law, in conformity with principles of natural justice, by providing an opportunity of personal hearing to the petitioner, and duly communicate its decision on petitioner's representation dated 23.11'2O2O to the petitioner. However, there shall be no order as to costs' Miscetlaneous petitions, if ariy, pending shall stand closed. SD/. B. REKHA RANI ASSISTANT REGIS //TRUE COPY// TION OFFICER To,

1. The Principa I Secretary, DePartment of EnergY, S riat at B.R.K.R.Bha van, T.S,Hyderabad 2. The Managing Director, Telangana gutta, Hana Telangana Vidyut Bhavan, Nakkala 3. The Assistant Engineer, (Electrical) Operation Che State State Northern P mkonda, Warangal District. State Northern Power Distri bution Co. Ltd, r Distribution Co. Ltd, Igal, Jagityal Division Jagityal District, Telangana

4. One CC to SRl. D V SHRIKANT Advocate [OPUC] 5. Two CCs to GP FOR ENERGY ,High Court for the State of Telangana at Hyderabad [OUT]

6. O'ne CC to sRl. ZRX|R Rt-t DANESH, SC FOR [OPUC] 7. Two CD Copies BM GJP I HIGH COURT DATED:1111112025 ORDER WP.No.25621 ot 2021 S o.J ? q [t[ til * e C '). * DISPOSING OF THE WRIT PETITION WITHOUT GOSTS \a i&qlr",