K.Bhagyalaxmi v. 1. The Registrar

Petition under I)ection 151 CPC praying that in the circumrjtances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the responJents to appoint the petitioner in a suitable post in class-lv category on the e,pplication made on 15.8.201'1 and in the year ,10'1 2, pending disposal of the ab,rve rvrit petition. lA NO: 1 OF 2025 Between: The Registrar, Siri Konda Laxman Telangana State, Horticultr.rral University, Rajendranar;ar, llyderabad. ..PETITIONERYRESPONDENT No.3 AND 1 The Registrar, Dr.Y.S.R. Horticultural University, Administrative Office, Venkataramannzrg;udem, Tadepalligudem, West Godavari Distri,:1534 1 01 . 2 3 The Senior Scientist & Head, J.V.R.H.R.S. Malyala, Mahabul.rabad Mandal, Warangal D stricl - 506 101. K.Bhagyalaxmi, 'rVlo. late K.Venkanna, aged about 28 years, (.tcc Housewife, Rl/o. lVlalyalzr villege, lt/ahabubabad Mandal, Warangal District - 506 101 . ..,,RESPONDENTS Petition uncler Sjection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Respordenl No. 3 to file the additional affidavit. Counsel for the P,:titioners: SRI SRINIVAS EMANI Counsel for the Respondent No.1 & 2: SRI C.SRINIVASA BABA Counsel for the Respondent No.3: Ms. K.UDAYA SRI CONTE MPT CASE NO;489 OF 2016 Petition under Sections 10 to '12 of Contempt of Courts Act 1971 to punish the respondents, as the respondents willfully, intentionally and deliberately flouted the interim orders passed in W.P. No.19214pf 2014,dated 10.07.2014. Between: K.Bhagyalaxmi, W/o- late K.Venkanna, aged about 28 years, Occ Housewife, R/o Malyala village, I\/ahabubabad Mandal, Warangal District - 506 101. AND 1 Sri B.Srinivasulu, Registrar, Dr.Y.S.R. Horticultural University, Administrative Office, Venkataramannagudem, Tadepalligudem, West Godavari District-S34 101 . 2 Sri J.Cheena, Senior Scientist and Head, J.V.R.H.R.S. Malyala, Mahabubabad Mandal, Warangal District - 506 101 . ...PETITIONER ...CONTEMNORS l.A. NO: 1 OF 2017APPL. NO: 124 OF 2017 Between: K.Bhagyalaxmi, W/o. late K.Venkanna, aged about 28 years, Occ Housewife, R/o Malyala village, Mahabubabad Mandal, Warangal District - 506 101. ...PETITIONER AND 1 Sri B.Srinivasulu, Registrar, Dr.Y.S.R. Horticultural University, Administrative Office, Venkataramannagudem, Tadepalligudem, West Godavari District-S34 101.

2. Sri J.Cheena, Senior Scientist and Head, J.V.R.H.R.S. Malyala, Mahabubabad Mandal, Warangal District - 506 10'l .

3. Sri K.Ravinder Reddy, Registrar, Sri Konda Laxman Telangana State, Horticultural University, Rajendranagar, Hyderabad. ...CONTEMNORS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High bourt may be pleased in the interest of justice to implead the proposed 3rd respondent as Respondent No.3 in the Contempt Case No.4B9 of 2016 for proper and effective adjudication. 7 Counsel for the Petitioner: SRI SRINIVAS EMANI Counsel for the Resp,rndents: SRI PALLE SRINIVASA REDDY The Court made the following: COMMON ORDER THE HONOURABLE SMT. JT'STICE P.SREE SUDHA WRIT PETITION No.19214 of 2OL4 & CONTEMPT CASE No.489 of2OL6 COMMON ORDER: W.P.No.19214 of 2Ol4 is filed by the petitioner to declare the action of the respondents in not appointing her on compassionate grounds in Class IV category by rejecting her applications dated 15.08.2011 ald 20.O9.2OlI uide Merno No. 1545/SCR(NT)/2014, dated 31.05.2014, as illegal and arbitraqi.

2. C.C.No.489 of 2016 is filed by the petitioner to punish the respondents for willfully violating ard disobseying the orders passed by this Court in W.P.No. 19214 of 2OL4 dated 1o.o7.2014.

3. Petitioner herein stated that her husband K.Venkanna, worked as Time Scale Worker from l9B7 to O2.O4.2Oll, for about 24 years continuously without any remarks, in the office of respondent No.2. Unfortunately, her husband died on

02.O4.2OlI, on hea-lth grounds, leaving behind, herself and her son, who was aged about 6 ye€rrs, as on the date of filing the petition. She also stated that after the demise of her husband, 2 she undenrent surgery for ryenic problem and she ':or.rld not come to ncrmrllcy for about 3 to 4 months on the :iudden 1 demise of her husband. Later, on 15.08.201,1, she rgave a representation to the respondents, requesting them to llrovide- suitable err.plo1'rnent to her on compassionate grounds. Ls there was no resllonser from them, she gave another representzr.tion in th,e year 2012.

4. Petitioner herein further stated that one Ciolusula.Illaiah, who was st:nior to her husband also died in the year 2011'and employ,rnent weis provided to his family member. Similarly, one S.K.Pakeera, who was junior to her husband, died orre year back and her son was given employment on compassionate grounds. Petitioner has enclosed the letter dated 15.0ti.2O11, which was addressed to the Registrar and Director of Research, Dr.Y.S.R.Universitlr and also to the Senior Scientist & Head, J.V.R.H.R.Si.,- M alyala. She has also filed the deal.h certificate of her husband and the Seniority List of casual liab Irur at J.V.R.H.R.S., Ivtalyal, Warangal District. She has also filed the proceedings; of the respondent No. 1 dated 011.07.!10 13, for appointmerrt of ShaikMahabubpasha S/o.Sk.I'akeera, Time Sca-le Work,:r, on compassionate grounds. J

5. In the counter filed by the respondents No. 1 arrd 2 they stated that the husband of the petitioner died on O2.O4.2Oll. He worked as casua-l labour since 01.O6. 19g7. petitioner herein has submitted a representation seeking appointment on compassionate grounds and the same was received in offrce on 2o'o3'2o13 i.e., one year after the death of her husband arrd she has not communicated the representation through proper charnel. As per G.O.Ms.No.6gZ, d,ated O3.lO.Ig7T, a candidate is eligible for appointment under compassionate scheme only if the Government servant, who died in harness, makes an application within a period of one year from the date of occurrence of death of the Government servant. Therefore, the said representation was considered and orders were passed on 31.05.2014, rejecting the representation of the petitioner. She has not given representation on 15.Og.2011 and no such representation was available in the records of the Universit5r, as such rejection Order was passed. The cases of the other employees, who were appointed on compassionate appointment are not relevant to this case. 6 Respondent No.3 has also filed the Countei stating that the representation of the petitioner dated 2o.o3.2or3, for providing compassionate appointment was considered along 4 with the le tter of Scientist (Hort.) and Head, JVRHRS, I'{alyala. On considerat..on of her representation, she was isrtu::d with . proceedings rn Memo No.1545/Ser.(NT)/2014, dated

31.05.20 14, streting that her representation was negative as she has not applie<l for job within one year from the rlate of <leath of her husband irs per the guidelines of the State Gov€ rnment G.O.Ms.No.687, dated 03.1O.1977. The representatior. dated

15.08.201-., has no acknowledgment of the receipt by the Registrar c,f the University. The husband of the petitJ.oner died on O2.O4.2',OL1 and the petitioner has made represent,ltibnon 2O.O3.2Oli\. H,rnce, it was rejected on 31.O5.2Ct74 uld<: rrremo dated 22.11.2O14, requesting her to furnish cert:rin docu.ments. In the said memo, there was a reference to the represe ntation dated 2O.O:3.2013 and the rejection order dated 31.O5.12O t4, and thus she knowr; about the same, but did not chalienge it.

7. In the reply a-ffidavit filed by the petitioner, she stated that she gave repre:sentation within six months from the rlate of death of her hr,rsband and she is eligible for employrrLent on compassiorrate grounds and also stated that she did not receive any rejection Crder. She has filed the letter dated 2O.O9.2Oll. At the .Lrottom of the letter, it was endorsecl that "Endt.Nol3/JV?-HRS/2011-12, dated 2O.09.2C1J", br.rt the 5 signature of the Senior Scienlist under the said endorsement was dated as 2O.O9 .2014 . The learned Counsel for the respondents on verification stated that the r:oncerned sigrratory is no more, as such they cannot examine him. In the proceedings dated 22.11.2014 uide reference No.4, it was stated that representation of the petitioner was received on 20.03.2O13 by JVR HRS, Malyal and also uide reference No.7, DT.YSRHU Memo.No.1545/Ser(NT)/201a, dated 31.O5.2O14 was mentioned. This is one of the admission regarding . representation of the petitioner dated 2O.03.2013. The Scientist (Hort.) & Head, JVR HRS, Malyal, requested the petitioner to obtain the following the documents: i) No earning certificate. ii) Affidauit (Notory) in the prescibed proforma (enclosed). iii) The date of birth of K.Bhagyalaxmi, as the date of birth certificate issued bg the Head Master, P.S.Strutpit, Tellandu, was not matching with the birth certifi.cate issued by the Reuenue Department, Mahabubabad Mandal. iu) Certificaie to be issued bg the Scientist (Hort.) & Head, JIZR HRS, Malga\ stating that the application for job on compassionate grounds is receiued bg him within one gear from K.BlngAalaxmi, from tlrc date of expire of her Lrusband.

8. Petitioner herein further relied upon the letter No. 1O3, JVR HRS/2O2O-21, dated O5.I2.2O2O, addressed by the Principal Scientist (Hort.) & Head to the Registrar, in which he 6 mentioned the details of the expired time scale workr,:rs who have complett:ri hve years of service as on 25. 1 l.I 993 at J.V.R.H.R. S, I\{a1yal and whose descendants have app,lied for Compassic,nato post within six months. In the said tal:ie, the name of ttre pr:titioner was shown as applicant and the date of applicatiorL was shown as 2O.O9.2O11. The Principal Scientist (Hort.) & Hearl, who addressed the said letter was erlso not examined by lhe respondents for the reasons best krrown to them. PetitiorLer has also fiIed the T,lo Earning lMember Certiflcate' dat,:d 14. 12.2016 along with the applcation.

9. The learrred Counsel for the petitioner has also flJed the Contempt Casr: against the respondents for not complf ing the Orders of 1-his Court dated 10.07.2014. In the said Clrder, this Court directed the respondents to consider the case of the petitioner {br c,rmpassionate appointmeht in a suitable p,lst in a Class-IV czrtegory and dispose of her application within zr period of six weel:s from the date of receipt of copy of the Orcler, but the said Order was not complied even a-fter lapse of I t/z,,,ear, as such Iiled the prresent Contempt Case.

10. In the cornter af{idavit frled by the respondent No. L in the Contempt Case, they stated in Para No.5 that uide Memo 7 No. 1 545/SCR(NT) /20 14-I, dated 22. I 7.20 14, explanation was sought for from the respondent No.2 for the delay caused in transmission of representation of the petitioner after a lapse of three years one month to the University. While the matter is - under consideration, the Government of Telangana issued G.O.Ms.No.31, Agriculture arrd Cooperation (Hori. & Seri.) Department dated 22.12.2O14 establishing Sri Konda Laxman Telangana State Horticultural University, Rajendranagar, Hyderabad, with effect from 22.12.2O14. After that, all the institutes located in the Telangala along with J.V.R., H.n.S., Malyal, was dis -a-ffi liated from Dr. Y. S. R. Horticultural Universit5z ald alliliated to S.K.L.T.S.H.U, as such no further initiation could be taken for implementation of the Orders of the Court as the said institute was not under the administrative control of DT.YSR Horticultural University, Venkataramannagudem, West Godavari District. 1 I . The learned Counsel for the petitioner mainly relied upon the said Memo dated 22.LL.2O14, in which explalation was called for from the respondent No.2 for not forwarding the representation of the petitioner even after the lapse of three years one month. As per the documents of the University, dated O5.L2.2O2O, it is clear that petitioner gave representation to the 8 University on 2O.O9.2OI1 and there was also erndorsernent on the said appli:ation. Though the respondents s,tated tl rat they could not exanrine the signatory of the said letter, on the ground that he is no nrore, they have not given any explanation lbr non= examination c,f the person, who signed on the lette r dated

05.12.2021) to show that the said document is not proper and was not acldrer;sed by the concerned Principal Scientist. lso a1so, in their own counter, they admitted that they called for explanatio:e from the respondent No.2 for non-t-ransrnir;sion of the applicrrtion of the petitioner. This clearly showsr tsat the applicatior. wa s submitted by the petitioner vuithin o::re year from the date of death of her husband, but it was lyinl,i in the office and not transferred to the Universit5r for a period of three years one moIlth. Without considering the sarrre ancl Later to suppress the said fact, University rejected trer application stating that she has not submitted the-application within time. The said elction of the respondents is incumbent, illellal ald arbitrary a:rd su.ch rejection Order dated 31.O5.2O14, is irable to be set asidr:.

12. In the res;ult, the W.P.No. 19214 of 2014 is rallowed. As the respondents st ated that presently Government of 1'el.angana established Sri Konda Laxman Telangana State Hortic ultural 9 University, ald as the J.V.R., H.R.S., Malyal is under the Administrative Control of the said Universit5r, the Registrar of the concerned Universit5r is specifrcally directed to provide emplo5rment to the petitioner herein on compassionate grounds within one month from the date of this Order.

13. In view of the Orders passed by this Court in W.P.No. 19214 of 2OI4, the present Contempt Case is closed. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stald closed. //TRUE COPYII SD/- N. RAJ GOPAL DEPUry REGISTRAR L; SECTI ON OFFICER l l

1. The. Registrar, Dr.Y.s.R. Horticultural University, Administrative office. -' venKararamannagudem, Tadepalligudem, west Godavari Districrs34 101. 2. The Senior Scientist & Head, J.v.R.H.R.s. Maryara, Mahabubabad Mandar, Warangal District - 506 1Oj.

3. sri. B.Srinivasulu, Registrar, Dr.y.s.R. Horticultural universitv. Administrative ulTrce, venKataramannagudem, Tadepalligudem, west Goddvari District-S34 101 . To, \ Mahabubabad Mandal, Warangal District - 506 101 .

4. Sri. J.Cheena, - Senior. Scientist .and Head, J.V.R.H.R.S. t\ilalyala, 5. sri K.Ravinder Reddy, Registrar, sri Konda Laxman Terangana state, Horticultural University, Rajentranagar, Hyderabad. 6. One CC to SRI SRTNIVAS EMAN|, Advocate [OPUC] 7. One CC to Ms. K.UDAYA SRI, Advocate tOpUCl 8. One CC to SRI C.SRINIVASA BABA, Advocate [OpUC] 9. One CC to SRt PALLE SR|N|VASA REDDY, Advocate IOPUC] 10.Two CD Copies BSR GJP g HIGH COUP.T DATED: 1010412025 COMMON ORDER WP.No.19214 af 2014 & C.C.No.489 of 2016 o. I i-] ..:\ Ar> \="* i:- .-:.+ , !, $ \ ..t ..,, .: , / _\,,.t 1.,'.1t:' )-y'" .-.-:-=u" ..: ALLOWING THE W.P.No.19214 of 2014 & CLOSING THE: C.C., WITHOUT COSTS A9G e' w.