Thota Sha-s]kanth v. further to set-aside the. proceedings in Memo. No.474lAdnnn l3t2o17 dated

Heard Sri Srinivas Reddy Janney, Iearned counsel appearing on behalf of the petitioner and the learned Special Government Pleader for Home (Services), appearing on behalf of the respondents.

2. The petitioner approached the equrt seekins Draver as under: "...to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the inaction of the respondent authorities in not giving compassionate appointment to petitioner due to death of his father Late T. Sreeramulu and further in not consider the representations dated 77-05- 2017 and 23-12-2021 and consequently him direct the respondent authorities to appoint him on compassionate grounds by setting aside No.l72/Ser.IY/A2/2019, dated 23-12- 2019 issued by the respondent No.2 and further to set-aside the proceedings in Memo.No.474/Admn.I3/2017 dated 13- 01-2020 and 26-70-2021 respectively; and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case and in the interest of justice." 2 SN,J lV. P. i!o. tOO24 of 2023 subrrittrn,

3. Th: case of the petitioner, in brief, is thc.t th3 father of the pt-.tit oner was a Government employee a nd 1e passed awa)' ,:)- 11.10.201S. The petitioner slt)rritted his appli:ati( n for compassionate appointment o| tl, .05.2017, but t rlL3S rejected by the respondents ,:ij_ing delay in the said application. Due to rival cl,,tims, the petit r:nr,:r had to obtain a Legal Heir Certifical,e from the Civil (l:r rrt. Though the petitioner (l) plained the resp.rci,,ts that the delay occurred due to l.he tirne taken to ol)tai.r the Legal Heir Certificate and Fi:rntly Member Certilicat: required by the Respondents, th€ did not r: tnsider the said application. Agg.it-.r,,err by the same th:: petitioner filed the present writ petitic n. P E R U.S_ED _T l-tEREGQ.g p : resllondents ortron relevan

4. -rlre_ Drocee-il_iln qs of the resDon dent No. 2 No.172 /I; 'e r.lV / A2 2 019, @sq.d@is_9xt1aslggl hereuqdeli the _ rm.pugtllcd vjde memo 2_3.1,2.2O19 '.The attention of the Commissicnerr of PT t-ttir,l. Stationery & Stores purchas;e, _r,S, I ,., .), 3 5N,J W.P.No.3OO24 of 2023 Hyderabad is invited to the references cited and he is informed that, Sri T. Shashikanth, S/o late T' Sree Ramulu, Binder, Govt. Central Press, Hyderabad for appointment on compassionate individual as not submi d his -aDDlication for a oooint ment on como assionate oro nds IS r orders rssued i G.O.M s.No.6a7. G.A (Ser .A) DeDartment. dt. o3.LO.L977. Therefore, the application and attested copies of certificates/documents in respect of Sri T' Shashikanth, S/o late T. Sree Ramulu, Binder, are retur ed Govt. Central Press, HYderabad herewit 5 The releva nt Droceedin os Dortion of imouqned of the res oonde tNo .4 dated

13. 1.2020 e TS herein under: "Through the reference 1't cited, Smt' T' Kumari W/o. late T. Sriramulu, Binder, C'No'639, Government Central Press, Hyderabad has requested to appoint Sri T.shashikanth, S/o' late T. Sriramulu, Binder, C.No'639, GCP., Hyd. to the post of Office Subordinate on compassionate g rou nds. 4 SN,J Ur,t,.llo.:t OO24 of 2023 Through the reference 2nd r:it,=d, Si ri T. Sh,r;hikanth, S/o. late T. Sriramulu, BinCt:r, (.. No. 63'-r, GCP., Hyderabad while submitting ,ttt:sted :o;ri':s of Death Certificate and ,.elitvant ,3(lrr( ational certificates has stated that hi:; f ether r:;<pi ed on 11-10-2015 and requ€)sr€d (jel,. rtment to appoint him to the posI o. ()ffice liuhr rdinate on compassionate grounds. Through reference 3.d cited, the € tt(,)sted (:€,rr.i'icates in respect of Sri T. Shashikanth, S/o. [.atr,,T, Sriramulu, Binder, C. No.63,), (;Cp., l{ycerabad along with checklist were sert tc the llov: rnment for consideration of the requr:st c:f Sri T. !:il ashikanth for appointment on compassic nate ,lrcr- nds as per rules in vogue. 4rl The Government vide reference c ited, hav,.: inFormed that the request iri T. :;hai;llikanth, S/o. late T. Sriramulu, Binder-, C. No. (i39 GCP., Hyderabad for appointrnerrt on roml::ssionate grounds is examined ancl .erje:ted sincr,r, the individual has not submrtr,ed his e,llplication for appointment on compassio.tate croLr iis within the prescribed time limit as per the crderl; issued in G.O.Ms.No.687 Gli(Ser.A) The attested copies of certificat,ss; docurrrents in respect of Sri T. Shashikarth, l:;,i o. , 5 SN,J W.P.No.3OO24 of 2023 late T. Sriramulu, Binder, C.No.639, GCP., Hyderabad are returned herewith." 6 The rel evant oortion rmDu oned No.3 ed 26 .202 to the Detiti ner her in is extracted herein unde r: "With reference to his application 1't cited, the individual Sri T. Shashikanth, S/o. late T. Sreeramulu, Binder, C.No.639, Government Central Press, Hyderabad is hereby informed that the proposals with regard to compassionate appointment in relaxation of rules were sent to the Government vide reference 2nd cited. Vide reference 3'd cited, the Government have informed that the representatlon of Sri T. Shashikanth, S/o. late T. Sreeramulu, Binder C.No.639, Government Central Press, Hyderabad has already been examined and rejected earlier' Now, the present rep resentation is examlne d and reiected as t is not fe sible for consideration."

7. The No.2356 /Adm.E1 20 15 dated o4.o3.2O16 issuedbv releva nt oortionof the res Dondent No.3 is extra ed herein nder: t "Smt. T. Kumari and Smt. T. Jyothi have approached this department claiming they are 6 sN.l W P No 3OO24 of 2023 w \i ls of Late T. Sree Ramulu, Binder, C,N t.639, Go," etrnment Central press, Hyderabad toth have re,.lriested to sanction the Terminal b3r)ef its in re,,; ect of T. Sree Ramulu, Binder, 3 No.glg, Cio ,,:rnment Central press, Hyderabao. Therefore, they are hereby directr::d to sub nit the Family Members certificat€)/ l..egal Heir Certificate from the Court to prove as the leg.al beneficiary of Late Sree Ramulu, tlinder, 11.No.639, Government Central p ress/ l{yclr-'rabad.,, pr$_(:US ION A NDC NL U IO

8. Le:r.ned counsel appearing on behalf of. th: .tetitioner subrrits tr,at vide application dated 17.05.2017 aJdr-essed to the rt:str,r.rdent No.3, the petitioner made a ,.e(. uest for appoirrtnre nt on compassionate grounds, but stlc: one Smt. T. Jyrtth rad approached the department cla rrirrg to be wife or' l;rt: Sri Ramulu i.e., father of the petiticne,r herein and the, r:spondent No.3 vide memo date(i C4.)3.2016 Smt. T.lyothi Memb,:r ._:.tificates and Legal Heir Court:;o as to establish that they are the legal treneficiaries of thr: rle ceased employee late T.Sree F.an ul _r, and the petitioner had to pursue the ler;trl re,medies called upr: I the said to submit the Family Certifica:es fr om the therefc re, 7 sN,J w.P.No.30o24 of 2023 and the petitioner along with others had to file O'S'No'1840 of 2016 on the file of the Court of VIII Junior Civil Judge' City Civil Court, Hyderabad. Subsequently, the matter had been compromised between the parties' Due to the above said legal process, there was a delay in filing the application dated 17.05.2017 seeking compassionate appointment and the circumstances were beyond the control of the petitioner since the petitioner had to follow the procedure of Court for settlement of disputes between the family members for the compassionate appointment and the petitioner could succeed only in settling the disputes through a compromise vide decree dated 25.04.2017 passed in OS No'1840 of 2016 on the tlle of the court of VIII lunior Civil Judge' City Civil Court, Hyderabad and therefore, on the technical in filing aPPlication ground that there had been delaY seeking compassionate appointment, be denied his legitimate right the petitioner cannot for comPassionate appointment.

9. Learned Government Pleader appearing on behalf of the respondents, on the other hand, places reliance on G.O.Ms.No.687, G.A- (Ser.A), dated 03'10'1997 and in particular, refers to clause (2), and contends that the 8 sN,l Uf.P.i o.: OO24 of 2023 applic,lt ( ns tor appointment for compassionat(l lp lointment fronr srcl oersons shall be entertained v/it1 n a period of one ye :l from the date of occurrence of the death of Govrlrr "r,.nt servant and in the present cas(1, the father of the pert: cner died on 11.10.2015 and the pe.iti tner filed the irpp i ation on 17.05.2077 and therefore, the p,3ti1i66sr-,5 requ()st for compassionate appointmenl: ca lnot be consiJer: I 1O. A bare perusal of the impugnerl date,l,,2(; tO.202l of the respondent No.3 l-,e re n clearly indic:t::,; that the proposals with regard to crrrnpassionate pr,)ceedings appointr-t,).tt in relaxation of rules in favour of the Detitioner were e\/ _. r forwarded to the Government yidr: -eference letter C,.rted 78.02.2027 and the petitioner r.va,; further inforrret r'ide Government Memo, dated 1jl. iir.2021 that the -ep -e sentation of the petitioner had a lrea Cy been exarrine,.l and rejected and the petitioner,:; relresentation, datec llr .)z.2020 had also been examined ,:rrd rejected holdirrg tlr rt it is not feasible for consideration.

11. ,A bare perusal of the record indic:ate,s that in pursu.rnc.(:r of the notice dated 04.03.2016 issrrerJ to the t 9 sN,l W.P,No.3OO24 of 2023 other members in the family calling upon them to furnish the Family Member Certificate and Legal Heir Certificates' the petitioner had to adopt the Court procedure for amicable settlement of dispute between family members and after filing the petitioner's application seeking compassionate appointment on 17.05.2017, respondents herein had not admittedly considered the explanation furnished by the petitioner. The petitioner along with one Smt' T' Kumari were issued a notice dated 24'05'2017 calling upon them to submit thelr explanation as to why the petitioner's request for compassionate appointment should not be rejected in terms of the circular and the petitioner in response to the said notice, furnished detailed explanation dated 30'05'2017 detailed rePresentation, dated to the resPondent a uthorities, and petitioner's vide

06.02.2020 addressed explained the circumstances ln which the Petitioner could not approach the respondents seeking compassionate appointment within one year from the date of death of the deceased employee and requested for passing of appropriate orders providing compassionate appointment to consi deri no the 2 7t the petitioner: How r, witho ut rn h d o n n e 10 SN,J 'rV P No 3O024 of 2023 ln tgs.pcnse to the notice dated 24.05.!e17 and also th er___ 12 etitioner's detailed reo re se n tatio n er.,sr ou est for o6. 02.2 20 eQ-n p3.5 srona ea qrollad that the intm th re cted on the iti era lic ron i not within the-![nqr:_ as Der the ci rcular rssuedbvthe Got,ern ent.

12. Ttr,: object of compassionate appointrnent is a social securitt' measure to support the family of the deceased gov,e,rnrnent servant, who dies in harness, Ther aim and obje:r:t o'' the policy for compassionate apJrointnlent is to prorride rinancial support to the family ol, the deceased employr:r:,. who left the dependents in distress arrd penury. The cor( aim of the object of providing cornpassionate appointrr,ent is to relieve the family ,[rom financial suffi:rinr7 s being faced for the sudden demis;e of [he Bread Winner c f the famity. The sufferings being fac(:d by the depernd6 n1s of the deceased employee for sudd€ n demise of ttr,e t! r ead Winner could be solved for sr)rnr-. r:lxtent by providin,3 compassionate appointment to on€r of the dependerts of the deceased employee to look after the family. 1._ 1e aid relief sho ld not be de n ied Q!_llrlnsy oroui_1ds_? o iect of ver}l the celn E_:rsgqlAlC_appointne-[!. 71 SN,J W.P.No.30O24 of 2o23

13. This Cou rt oDrnes e rone for m a ron ea the reoues d nte hnica ro nds t Detitioner's detailed ex ola nation, dat

30. 05.2017 n ioner' sen tion .o2. 20 dto he r o re! n t4. Taki no tn cons ideration: a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner and the Iearned Special Government Pleader for Services (Home), appearing on behalf of the respondents' c) The explanation furnished by the petitioner dated 3O.05 .2OL7 in pursuance to the notice dated 24.05.2OL7 issued to the petitioner, ! I i t !l I I I I I t I 12 SN,J W. P. No 30024 of 2023 d The contents of the petiticlne,r,:l detailed repres€,ntation dated 06.02.2020 addresst:d to the responctent No.3 herein and, fhe writ petition is allowed. The impugned pro,ceelclings of the respondent No.ll \ritle memo No.:t7;1./Ser.tV/AZ/2}tg, dated Zit.LZ.2ltg adclnessed to the respondent No.4 herein, impugned proceedings of the respondent No.4 dat,ed 1:}.O1.2020 to th e petitioner herein and the irnpugned proceeriings of the respondent No.3 datr:cl ZGt.LO.2O2L to the p,:titioner herein are set aside ancl the matter is remittecl back to the respondents. The rr:spondents are dire,cted to reconsider the application of the petitiorrrrr dated lZ.OS.2OL7 duly taking into consideration the explanation, dated :rO,O5.2O17 furnishe,J by the petitioner in response to notice, dated .:11.1.05.2017 issued to the petitioner ilnd also petitioner's detailed explanation, datect Ct6.02.2O2O addressed to the 4th respondent herein arrd other responcl€,nts conforrnity with providing an thre pr:titioner in accordance to law in principlr:lr; of natural justice by opportunity of personal hearing to l_-*_.,,. I 13 sN,., W.P.No.3OO24 of 2023 I l within a period of four(4) weeks from the date of receipt of a copy of this order and duty communicate the decision on the petitioner's said application for providing compassionate appointment to petitioner herein' However, there shall be no order as to costs. Asa sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed' //TRUE COPY// SD/-T. TIRUMALA DEVI DEPUTY REGISTRAR / FICER e Telangana pt., Secretariat, The Chief Secretary Secretariat, Hyderabad, S The Prl. Secretary to Govt., Home (Services-lV) Hvderabad rilE"63i?i.ri"ner of printing, stationary and stores purchase (ptg.wing) Chanchalquda, HYderabad, T-S 5n!'i6"i; sRi sftiNinAS nEoov JANNEY, Adv-ocate I9PUC]. - i;; dc;i; cCron Srnvibrs lll ,Hish court for the State of relansana Two CD CoPies To 1 2 J 4 6 PSK. BS HIGH C:oI.IRT DATED:21 t03t2O2S CC TODAY ORDER WP.No.300Z4 of 2023 , l'i-/r rAI€ ','1t^= /1 f 13 l'JNM o \.' \s \'.li,J:!l (, 41 I I!_LOW|NG rHE WR|T PETtrroN WTHOUT COSTS 1 { l5