High Court · 2025

Petition under Article 226 ol lhe constitution of lndia praying that in tho circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or Direction more particularly one in the nature of writ of Mandamus i)to declare the inaction on the part of the third respondent in not appointing the petitioner in any suitable post on compassionate grounds pursuant to her application dated 21.11 .2014 and the various representations including representation dated 15.3.2019 and even inspite of there being specific direction from the Director of Medical Education, Telangana state vide Rc. No.2233tG212016 dated 20.9.2016 and the second respondent herein in Rc. No, A11122312021 dated 13.10.2021, as illegal arbitrary, unjust apart from violative of principles of natural justice and violative of Article 21 of the Constitution of lndia. and ii)to consequently direct the third respondent herein to forthwith appoint the petitioner on compassionate grounds in any of the suitable posts pursuant to her application dated 21 11 ,2014 and the various representatitl n r: including representation dated 1 5i 3.2019 - t.A.NO:1 OF 2021 PetitionUnd,:r5)ectionl5lCPCprayingthatinthecircumstz.ncesstatedin theaffidavitfiledirsup,portofthepetition,theHighCourtmavbepleasedto direct the.third respondent herein to forthwith appoint me in any stritable post on compassionate grourtds considering the direction issued by the second respondent in Rc No.l,'1,'1 2331 2021 dated 'l 3 10 2021' Counsel for the Petiti'rner : SRI NANDIGAM KRISHNA RAO Counsel for the Resprndents : AGP FOR SERVICES'II The Court made the f'rllowing ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA w ITP TI .29 2 1 ORD ER: Heard Sri Nandigam Krishna Rao, Iearned counsel appearing on behalf of the petitioner and the learned Assistant Government pleader Services_fl behalf of the respondents. appearrng on

2. The oeti under: ner aD Droached the Court seekinq orayeras ".....I submit that I am filing this writ petition seeking an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus: i) to declare the inaction on the part of the third respondent in not appointing me in any suitable post on compassionate grounds pursuant to my application dated 2t.1,1.2014 and the various representations including representation dated 15.3.2019 and even inspite of there being specific direction from the Director of Medical Education, Telangana State vide Rc. No.2233lc2/20I6 dated 20.9.2016 and the second respondent herein in Rc. No. Al/7223/2021 dated t3.tO.2O2t, as iilegat arbitrary, unjust apart from violative of principles of natural justice and violative of Article 21 of the Constitution of India; t, { 2 SN,J w ) 29i24 2021 ii) to consequently direct the third responderrt httrein to forthwith appoint me on compassionate grounds; ir. any of the suitaf le posts pursuant to my application dated 21.1 l.:lt)14 and the various representations ircludlng represern:ation dated 15.3.2019; and iii) pas s; s uch other order or orders as this Hon,blrr Court deerns fit, proper and appropriate in the circum:;tances of the r:a s " =.

3. The ca:;e of the petitioner, in brief, is that the fafher-in_law of the peLiti.n er, Nampalli yellaiah was a Class IV employee and retired on m er:1ical grounds in the year 2002 and he rari made an application for his son, Sudhakar, to be appoint€d. However, Sudhakar hrr; passed away in the year 2012 before the appointment cr)uld be made, and yellaiah also had ta:,;sed away shortly there rarter. On 21.11.2014, the petitioner su lmitted a representation to the respondent No.3 seeking r:ompassionate appointment ciL.rg 1a financial hardship, as she is sr.r;lprrrting two children ,end her mother-in-law. The mother_in_ aw of the petitioner haij also applied for the compassionate .pE,ointment. Despite re.onrnrendations and directions from the authcrities, the respondent Nc.3 had not acted on her application. Aggrieved by the same, i:he f,etitioner has filed the present writ petitior. l ) I I 3 SN,J wp 29t24 202r 4 PERU DT ER o A lev nt orti n fth or ro thi c 2L.06.2oL7 pass ed in W.P.No. 2545 of 20L7 rsextra der: "Heard the learned counsel for the petitioner and the learned Government pleader for Services appearing for the respondents. 2, Petitioner,s grievance is that petitioner made an application on 2t-1-L_2O14 to the respondent Nos.1 and 2 seeking compassionate appointment in the Medical and Health Department and that the respondent Nos.1 and 2 have not passed any orders on the said representation.

3. Learned Government pleader for Servrces appearing for respondents states that respondent Nos.1 and 2 will dispose of the said application within six weeks from the date of receipt of a copy of this order.

4. Accordingly, the Writ petition is disposed of directing the respondent Nos.1 and 2 to dispose of the said application within six weeks from the date of receipt of a copy of this order and communicate their decision thereon to the petitioner. No costs.,, \ l The rt :-f-g- B) No.2 :---the Coffector' Waran Lr. Rc .No.A2 131 912016 dated o2.O 3.20 16 addr SN.J t'p 29124 2021 re.sDondent strict vide edto the resDo ndent No.3 the Superintend ent, MGM HosPital, W ara noal i! , xtr ct hereu nder: "l invite attention to the reference cited' lhe Medi(:a invalidation proposals of Smt' Nanrpalii / Blrsh3ttl Renuka @ Umadevi W/o late N' Sudhakar' Daughlerr-in-Law of Nampalli Yellaiah' Dhobi' l'41;M has been forwarded to this offit:e to ' Hospita employment under comPassiln'lte providtl grou'lc s; In this regard, it is inform you that in ternts of G.O Ms' No' 661 Generral Adnrinistration (SER'G) Dept' Dated: 23.1,O.2OO8 The appointments on compassionate grounds . under Medical Invalidation scheme shall be made in the sarre unit of aPPointment' l--ence, the original proposal is rei-urned here rtrrith, for taking necessary action as per t ul"ls " c)T he releva ntportio Rc. o.22331 c2l 20L6 oft he Di rector ,of nof the letter d ated 20,09.2016 Medical Ed ucatio n_,. add ressed to res pondent No.3 - the ) SN,J w 29t24 2021 den MGM Hospital. Waranoal, rs extra cted Su hereun er "The attention of the superintendent, M.G.M. Hospital, Warangal is invited to the subject reference cited and he is requested to follow the guidelines issued on compassionate appointment from time to time.,, DIscu sro N AND CO NCLU sION:-

5. Learned counsel appearing on behalf oF the petitioner contends that, in spite or crear directions in favour of the petitioner passed on 21.06.2017 in W.p. No.2545 of 20t7, filed by the petitioner on an earrrer occasion, no action had been initiated in compliance to the said directions of this Court as on date.

6. Learned counsel appearing on behalf of the petitioner refers to the letter dated 02.03.2016, issued by the Collector, Warangal to the respondent No.3, as weil as the retter dated 20.0g.2016, issued by the Director of Medical Education to the respondent No.3 and contends that, despite specific directions directing the respondent No.3 to follow the guidelines for compassionate appointment and pass appropriate orders on the petitioner,s application, no orders have been passed as on date. 6 SN,J \p 29124 2021 r fc)r Servic s- s MIts that

7. Lea.rnt'.d- Assista ntGovernment Pleade nb hal of her s on de nt II, A DOearln I) the writ resoo ndents to 2t.L 1 .20L4 in acc rdancet r be dis osed of d i rectinq the lic tion da edt n er's law, within a rea son a le d ear lier bv this Court on 21.06 .2017 in a n earlier period ,a s d_i recte w. P. No. 2 oc asron Ulv followinq the re d L s in force'

8. Ialins_ into nsid rati n 'fhr: aforesaid facts and circumstances o'f l:he case' a) b) Th,: submissions made by the learne'd counsel appearing on behatf of the petitioner and the lea rned Assistant Government Pleader for Services- II appearing on behalf of the respondents;' c) The contents of the letter dated 02'03'2016 of the Collector, Warangal, addressed to the respondent Nc,.3 herein (referred to and extracted ;rbove)' d) The letter of the Director, Medical Education the respondent ll\o''3 dated addressed to 20.09.2016 (referred to and extracted abrrve), { t 7 ',p 2er24_isil'1 e) The order of this esu11, dated 21.06.2O17 passed in w'p'No'2545 0f 2017 (referred to and extracted above) The Writ petition is disposed of directing the respondent No.3_The Superintendent, Mahatma Gandhi Memoriar Hospitar, warangar, to consider the request of the petitioner for compassionate appointment and pass appiopriate. orders as directed by this Court vide its orders dated 21.06.2017 passed in W.p.No.2545 of 2017, duly taking into consideration the specific directions issued by the respondent No.2 herein to the respondent No.3 vide letter dated 02.O3.2016 and also the letter dated 2O.O9.2016 of the Director of Medical Education addressed to the respondent No.3 herein in accordance to taw, duty following the relevant guidelines in force as on date and in conformity with the principles of naturat justice by providing an opportunity of personat hearing to the petitioner, within a period of four(4) weeks from the date of receipt of a copy of this order and duly communicate the decision on petitioner,s apptication, dated 2L.Lir.2OL4 seeking compassionate appointment to the petitioner herein. However, there shall be no order as to costs. 8 SN.J \\^.9124 2021 As a se,lLol, the miscellaneous petitions' if any p3nding in the Writ Petitisrr shall also stand closed ' I //TRUE COPY// SD/.P. PONNA KRISHNA ASSISTANl REGISTRAR sECTtoN 6rrtcen ,. -n" Princrpal Setretary' Medical and Health Department Secrertariat ' i,iirii.it,lSiate 'rf relingana at Hvderabad , z. it" oiitr.i,ri co'ector' Ha"namkonda wSlansa!-, il[:['ci'Jl'f +altfl HJ]r".l!',1"Xd";r*liB8l;[1f i8'3lnun"" , Y.1'$?lJl?l','11*''ooM KRTsHNA RAo' Advocate {oPtlcl 6. Two CD CoP e:; SA BS C.C. TODAY :a S.-iATE /,t,-j 4 ) LI ( $6 Ji-; ' '\.1// _- ::. . ./ -7 -/ o .t. >.\ HIGH COURT DATED;2510412025 ORDER WP.No'29124 of 2021 DISPOSING OF THE W.P WITHOUT COSTS. /o r/4 -/' 4