High Court · 2025

circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleasedtoissueaWrit,Orderordirectionmoreparticularlyonetnthenatureof f\Iandamus. declaring the inaction of the respondent No 2 and 3 in not complying theG.O.Ms.No533of1991,dated0509199'1,MemoNo925/SerAl92-1' dated1B.021993andG.O.MsNo.2'15,dated08041993asamendedinrespect toemploymenttothespouceanddependentchildrenofdeceasedGovernment employee who diee in harness, on application dated 08 06 202'l ' f iled by the petitioner amounts to deprival of constitutional right under Article 309 of Constitution of lndia and consequently direct the respondents No 2 and 3' to issue suitable directions in respect to the represenlatlon of the petitioner as expedtitiouslY as Possrble. .,i:a-!:Ff:-r;ar.€.r lA NO: 1 OF 2022 Petition r-,nder Section '1 5'1 CPC praying that in thr: circumstances stated in the affidavit filecl in support of the petrtion, the High Co rrt may be pleased to dtrect the Resp,onJent No.2 and 3 to discharge the reir ement benefit of the petitioner's mother under entitlement of the petitioner h rid rn the custody of respondent No ll and 3, pending disposal of the above Wrrt Petition. Counsel for the Petitioner: SRI ARUN KUMAR SATYAVOLU Counsel for the Respondents: AGP FOR SERVICES-l The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETIfI1OI\LNo.32783 OF 2(J22 ORDER: Heard Sri Arun Kumar Satyavolu, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents. 2 The oe iti onera DDroached the Court seekinq Draver as t u nde r: "...to issue a Writ, Order or direction more particularly one in the nature of Mandamus, declaring the inaction of the respondent No.2 and 3 in not complying the G.O.Ms.No.533 of 1991, dated 05.09.1991, Memo No.925lser.A/92-1, dated 18.02.1993 and G.O.Ms.No.215, dated 08.04.1993 as amended in respect to emp{oyment to the spouse and dependent children of deceased Government employee who die in harness, on appllcation dated 08.06.2021, filed by the petitioner amounts to deprival of constltutional right under Article 309 of Constitution of India and consequently direct the respondents No.2 and 3, to issue suitable directions in respect to the representation of the petitioner as expeditiously as possible, and to pass..."

3. The case of the petitioner, in brief, is that the petitioner is son of Late Smt. D. Pochamma, who was employed as an Auxiliary Nurse Midwife (ANM) at the Chevella Health Centre under the State I 2 \ Government and petitioner belongs to the Scheduled Caste -fhe petitioner was a minor aged 12 l ears at the time of community. his mother's; demise on 24.07.2O02 while ir service. As the petitioner was ineligible for compassionate atpointment due to minority, anl his elder brother did not opt fol'such appointment owing to illiteracy and lack of interest, the petitioler, upon attaining majority in )'.012, began making oral representa.ions followed by a written representation dated 25.06.2027 to respondent No.3, seeking apfointmenL under compassionate grounds as per G.O.Ms.No.533 dated 05.09.i991, Memo No.92lilSer.A/92-1 dated

18.02.1993, and G.O.Ms.No.215 dated 08.04.-- )93. However, the respondents failed to act upon the said represer tation and also did not disclose or release service benefits and € ntitlements of the deceased ernployee in favour of the legal h,:irs. Despite clear government instructions and policy guidelines, the respondents remained inactive, which is arbitrary and unjust, Hence, the present Writ Petition. PERUSED T E RECO RD:

4. A letter dated 08.06.2021 addressed to resoond ent The District CoIlector. Ranoa Reddv District, No.2 Hvderabad. is extracted hereu nder: ,,/, 3 "Sub: D. Pochamma, D/o. Late D. Rukkaiah, ANM-MpHA (F), Chevella Health Centre, Chevella Mandal, R.R. District - Expired while in service in the year 2OO2 - Request for compassionate appointment to her son Mr. Dhamargiddha Sukumar (at the time of death he was minor) and sanction of necessary pensioner's or death benefits - Req. Reg. This is to bring to your kind notice that Mr. Dhamargiddha Sukumar, S/o. D. Pochamma, R/o. H.no.4-2-427, Shivaram Nagar, Vikarabad Mandal, Vikarabad District has requested for his compassionate appointment and sanction of all necessary benefits of his late Mother D. pochamma. As his mother Smt. D. Pochamma, who was working as ANI4MpHA (F), at Chevella Health Centre, Chevella Mandal, R.R. District has expired while in services in the year 2002. Since he was minor at the time of death, his case was held. yet the necessary benefits of pension and other benefits were also not released. He is a poor person, and there is no support to the family. due to unemployment and having no source of income, suffering hardship for livelihood. Hence, I request you to kindly consider his case sympathetically to issue necessary orders of sanctioning him ali necessary pensioners and other benefits and also to appoint him on compassionate grounds and do the needful on hu manitarian grou nds. " DISCUS ION AND CONC USION:- 5. it is the speciFic case of the petitioner that the petitioner submitted a detailed representation dated 25.06.202t to respondent No.3 herein, bringing to the notice of respondent No.3 that when petitioner's mother, Late Smt. D. pochamma, expired while in service on 24.O7.2002, the petitioner was ineligible for compassionate appointment as the petitioner was minor at that time and now the petitioner is 28 years of age, and had passed B.Tech in Civil Engineering, and that there are no other members in I , ! I I i i i a i I : ! I a t I ; I ! i i ,t 4 the family holding any government job, hence, petitioner requested for providinq compassionate appointment to arry eligible post on humanitarian grounds, along with the relea;e of death-cum- pensionary Denefits due to his late mother, ,a ho worked at the Medical Prirrary Health Centre, Aloor, Chevella, as ANM MPHA (F), Chevella Health Centre, Chevella Mandal, Ranga leddy District

6. Learned counsel appearing on behalf of th3 petitioner further submits that despite acknowledgement of thr: representation by respondent l',1o.3 herein on 25.06.2021, no orde:-; have been passed as on date. Therefore, the Writ Petition could be disposed of by directing respondent No.3 to consider the grievance of the petitioner as put forth vide petitioner's rerl:resentation dated

25.06.20?_7

7. Learned counsel appearing on behalf of the petitioner further submits that the request of the petitioner wa:; also forwarded on 08.06.2021 to then Member of Parliament (Lok Sabha). However, as on date, no steps have been initiated to <:onsider the said respondent No.2 h:rein by representation and aggrieved by the same, tho petitioner filed the present Writ Petition. ,{ 5

8. Learned counsel appearing on behalf of the petitioner submits that the limited relief sought for by the petitioner in this Writ Petition is a direction to respondent No2.2 & 3 to consider the petitioner's representations, dated 08.06.2021 and 25.06.2021, seeking compassionate appointment to the petitioner and sanction of all death cum pensionary benefits of petitioner's late mother D. Pochamma, which had been acknowledged by the office of respondent Nos. 2 and 3 respectively.

9. Learned Assistant Government Pleader for Services-I aooearinq on behalf of the respondents does not dispute the said submission made bv the learned counsel appearinq on behalf of the petitioner. DISCUSSION AND CONCLUSION:

10. A bare perusal of the record indicates that the request oF the petitioner for compassionate appointment to any eligible post and for release of death -cu m- pensiona ry benefits due to petitioner's mother, Late Smt. D. Pochamma, as per petitioner's legal entitlement, had not been considered, since 24.07.2002. The record further indicates acknowledgment of the petiiioner's representation dated 25.06.2021 by the office concerned, and also the representation of the petitioner forwarded by M.P., ylde letter dated 6 the Distr (.t Collector, Ranga 08.06.2021 to respondent No. 2 Reddy District, Hyderabad, which was acknowledged on

21.06.2021,. However, admittedly, no action had been initiated as on date.

11. The obiect of com oa ssron ate aDDointment is securitv measure to suoDort the familv of the qovernment servant, who dies in harne;s. The aim and obiect of the oolicv for comoassionate aooointmentisto provide financia! suDDort to the familv of the deceased eceased emolovee, who left the deoendents in dis,:r ess and penury! The core aim of the obiect of orovidiqr q compassionate aDDointme nt is to relieve the familv from financial sufferinqs beinq faced for the sudden demise ofth Bread Winner of the familv. The sufferin os beino faced bv l hc-oepenr!ills-of f the Bread the dec ed emplovee for sudden demis uld be solved for some ext(:n b rovid i n r .^.lmnaqs .l n .afa arrn olnf ment to one of tha ,lependents of the ,. Keepinq in view deceased molovee to look after the ]{ery obiect of th the familI heme oF comDassionate r o ines that ner is entitled for qrant of relief of consideratio of oetitic.ner's request for comoassionat e a ooointment, and also fot--eoosideratioq of orji--:: ..4--' 1 e etitioner for r r benefits due to oetitioner's mother, Late Smt. D.Pochamma bv the 3'd resoondent herein in accordance to law, within a reasona ble ime period. L2. Takinq into consideration: a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents, c) The fact that the representation of the petitioner dated

25.06.2021, admittedly as borne on record though acknowledged by the office respondent No.3 herein had not been considered as on date, and the request of the petitioner for appointment on compassionate grounds to any eligible post and for release of death-cum-pensionary benefits due to the petitioner's mother, Late Smt. D. Pochamma, who expired while in service on 24-O7.2OO2, had not been considered as on date. "\ \ 8 The Writ Petition is disposed of, directing respondent No.3 to consider the request of the petitic,rrer as put-forth vide petitioner's representation, dated 25.06.2021 for providing compassionate appointment to any eligible post and for release of death-cum-pensionary berrefits due to the petitioner's mother, Late Smt. D.Poch amma as per petitioner's legal entitlement, in accordance to law, within a period of four (O4) weeks from the date of r:ceipt of copy of the order, cluly considering the very object 'l f compassionate appointment and pass appropriate orders on petitioner's representation, dated 25.O6.2O2Lt within a period of four (4) weeks frorn the date of receipt of a copy c f this order and duly communicate the decision on the said representation to the petitioner. However, there shall be no or ler as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, sha ll stand closed. To, //TRUE COPY// f?, t\ \A H.S. GOWRT SHANKAR \PSSISTANT REGISTRAR SECTION OFFICER 1 The Principal Secretary, Health Department S\crer: riat. Hyderabad, State of Telangana The District Collector, Rangareddy, Rangareddy Distr rct. The Districl [t/edical and Health Officer, Rangareddy )istrict, Hyderabad. The Medical Primarv Helath Center, Aloor, Chev,: la IMandal, Rangareddy District. v 2 4 .,,/y /,; I 5 6 7 BSR BS One CC to SRI ARUN KUTVAR SATYAVOLU. Advocate [OPUC] Two CCs to GP FOR SERVICES I, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copiesr[-\ HIGH COURT DATED: 2910712025 CC TODAY I ! Ql l: {i $ _tJ +LL F >i. + I, //9,, , * (''- :i'' ORDER WP.No.37783 of 2022 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS '7:l l o'p. )