High Court · 2025

5. The Superintending Engineer, Banswada Sai Krupa Colony, Banswada, 6. Smt. Qamurunnisa Begum, w/o Mahamood Khan Aged 47 years, occ- Housewife, r/o H.No. 4-36 Achampet village, Nizamsagar Mandal, Kamareddy District. 7. Smt. Nasreen Begum @ Bangla Roja, w/o Praveen Kumar, aged about 43 years, occ- Housewife, r/o H.No. 4-108, Achampet village, Nizamsagar Mandal, Kamareddy District, 8. Smt. Fazana, w/o Mohammed Sami, aged About 39 years, occ- Housewife, r/o H.No. 4-48 B.C. Hostel, Achampet village, Nizamsagar Mandal, Kamareddy District ..RES'.NDENTS 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 Mandamus, declaring the action of the Respondent authorities in proposing to disburse the monetary benefits viz., Provident Fund, Gratuity and other benefits pertaining to the deceased mother of the petitioner viz., Smt. Sabera, in favour of the unofficial respondents including the employment on compassionate grounds, inspite of the legal notice dt. 23-4-2022 7 and 5-9-2022, as being illegal, arbitrary, uniust and unconstitutional and consequently direct the respondent authorities to consider the case of the petitioner for employment on compassionate grounds in any suitable post and to pay the entire monetary benefits pertaining to his late mother to the petitioner herein lA NO: 1 OF 2022 Petition under Section 15'1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct respondent authorities not to disburse the monetary benefits pertaining to the late mother of the petitioner viz., Late Smt.Sabera. to the unofficial respondents, including the employment on compassionate grounds, pending disposal of the main Writ Petition Counsel for the Petitioner: SRl. M BHUSHAN REDDY Counsel for the Respondent Nos. ito5: Gp FOR SERVICES I Counsel for the Respondent Nos.6to8: SRI D. SUDHARSHAN The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.366O 7 0F 2022 ORDER: Heard Sri M.Bhushan Reddy, learned counsel appearing on behalf of the petitioner, learned Assastant Government Pleader for Services appearing on behalf of respondent Nos.2 to 5 and Sri D.Sudharshan, learned counsel appearing on behalf of respondent No.6, 7 and 8'

2.7 e oetitioner aooroached the Court seekinq Draver as under: "....to issue an appropriate Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent authorities in proposing to disburse the monetary benefits viz., Provident Fund, Gratuity and other benefits pertaining to the deceased mother of the petitioner viz., Smt. Sabera, in favour of the unofficial respondents including the employment on compassionate grounds, inspite of the legal notice dt. 23-4-2022 and 5-9-2022, as being illegal, arbitrary, unjust and u nconstitutiona I and consequently direct the respondent authorities to consider the case of the petitioner for employment on compassionate grounds in any suitable post and to pay the entire monetary benefits pertaining to his late mother to 2 5N,J wp_36607 _2022 the petitioner herein, and to grant such other relief or reliefs as this Hon'ble Court deem fit and proper in the circumstances of the case." I

3. The case of the petitioner, in brief, is that the petitioner is the son of Late Sri Muneer. who worked as Gangman in the Irrigation Department and died in service. The mother oF the petitioner Smt. Sabera, was appointed as Woman Mazdoor on compassionate grounds and died on

01.03.2022 while in service. The petitioner is the only male person in the family and applied for employment on compassionate grounds and requested for sanction of monetary benefits such as provident fund, gratuity and other benefits pertaining to his mother. However, the respondent authorities are proposing to disburse the monetary benefits of his late mother, Smt. Sabera, to his sisters instead of him and also considering employment on compassionate grounds for one of his sisters, despite his objections and legal notices dated 23.04.2022 and 05.09.2022. Aggrieved by the said action of the respondents, the petitioner approached the Court by filing the present writ petition. ,- E 3 sN,l wp_36607 _2022

4. The limited relief as prayed for by the petitioner in the present writ petition is a direction to the respondent Nos'2 to 5 to consider the petitioner's grievance as put forth in the legal notices dated 05.09.2022 and 23.04.2022 issued on behalf of the petitioner to the official respondents 1 to 5 herein seeking compassionate appointment on humanitarian grounds.

5. Learned counsel appearing on behalf of the petitioner contends that all the educational certificates issued to the petitioner indicate that the petitioner is the son of late Sri Muneer, who worked as Gangman and late Smt' Sabera, who worked as Woman Mazdoor in the Irrigation Depa rtment.

6. Learned counsel appearing on behalf of the respondent Nos.6 to B disputes the same and says that the petitioner has no right for compensation appointment'

7. Learned counsel appearing on behalf of the petitioner submits that the writ petition could be disposed of directing the respondent Nos.2 to 5 to consider the grievance of the 4 \--r-: SN,J wp_36607 _2022 petitioner as put-forth vide legal notice issued on behalf of the petitioner dated 05.09.2022 and 23.04.2022 to the official respondents 1to 5 herein in accordance to law within a reasonable period.

8. Learned counsel appearing on behalf of the official respondent Nos.2 to 5 and the learned counsel appearing on behalf of the unofficial respondent Nos.6 to B do not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.

9. Takin into consideration: a) The aforesaid facts and circumstances of the case, b) The submissions made by. the learned counset appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services appearing on behalf of official respondent Nos.2 to S and the learned counsel appearing on behalf of unofficial respondent No.6, 7 and 8, 5 5N,J wp_36607 _2022 c) The fact that the legal notices dated 23.0,4.2fJ22 and 05.09.2022 issued on behalf of the petitioner pertaining to providinS iob to the petitioner on compassionate grounds and also for release of provident fund, gratuity and other benefits of late Smt. Sabera, had not been considered as on date, The writ petation is disposed of directing the respondent Nos.2 to 5 to consider the grievance of the petitioner as put-forth vide the petitaoner's legal notice issued on behalf of the petitioner dated

23.04.2022 and O5.09.2022 in accordance to law, in conformity with the principles of natural justice pertaining to providing compassionate appointment to the petitioner on humanitarian grounds and also petitioner's request for release of provident fund, gratuity and other benefits pertaining to late Smt. Subera to the petitioner herein and pass appropriate orders after providing reasonable opportunity of personal hearing to both the petitioner and also the unofficial respondents 6 to 8 and take a decision on the subject issue pertaining to the legal ) ) I I 6 5N,J wp_36607 _2022 notice dated 23.O4.2(J22 and O5.O9.2O22 issued on behalf of 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 the said subject assue to the petitioner herein and also the unofficial respondent Nos.6 to 8. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. To, SD/. P. PADMANABHA REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER l ecretariat, T.S., Hyderabad The Principal Secretary, lrrigation Department, The District Collector, Kamareddy District Kamareddy. The Executive Engineer, lrrigation, Nizamsagar, Achampet, Kamareddy District. The Deputy Executive Engineer, Achampet Sub-Division Office, Kamareddy District. The Superintending Engineer, Banswada Sai Krupa Colony, Banswada, Kamareddy. One CC to SRl. M BHUSHAN REDDY Advocate IOPUC] Two CCs to GP FOR SERVICES I ,High Court for the State of Telangana at Hyderabad [OUT] One CC to SRI. D. SUDARSHAN, Advocate [OPUC] Two CD Copies 1 2 3 4 5 6 I I BM F HIGH COURT DATED:0310412025 ORDER WP.No.36607 ot 2022 .,-_== ..-J (( J.' :IE S o 10 luL 2025 * - .'--- )'./ \i) ,,<, / l .,:.,./ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?t 5 br \