High Court · 2025
Case Details
Acts & Sections
3. The District Collector, Mulugu District. 4. The District Education Officer, Mulugu District. 5. Mr. Syed Althaf Husse-in, S/o Late Syed Wajeed Hussain, Aged 34 years, Occ Correspondent, Mega city school Globai international At-Hayathnagar, Hyderabad. 6 Mr Syed Asif Hussain, S/o Late Syed Wajeed Hussain, Aged 3i years, Occ. A.C. mechanic And authorized dealer of Blue Star at K..odad, R/o Kodad, Suryapet District. ...RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the Hlgh Court may be pleased to issue Writ or direction preferably Writ of mandamus, declaring the inaction of the respondent nos. 2 to 4 in releasing family pension. death benefits and other benefits in favour of the petitioner no. l including compassionate appointment to petitioner no.3 by considering and disposing of the representations ots20l2l2o22, 21312022, 121712022, 11812022, 121912022 and 271912022 as illegal, arbrtrary and vrolative of pflnciples of natural justice and consequently direct the respondent nos.2 to 4 to release the family pension, death benefits and other benefits to the petitioners and provide compassionate appointment to the petitioner no.3. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavrt filed in support of the petition, the High Court may be pleased to direct the respondent nos. 2 to 4 to consider and dispose of the representations dt.201212022 and dI 2710912022 submitted by the petitioners to release family pension and death benefits of late husband of petitioner no.1 and also compassionate appointment to the petitioner no.3, pending the disposal of writ petition, in the interest of lustice Counsel for the Petitioner: SRI M.V.HANUMANTHA RAO Counsel for the Respondent No.1 to 4: AGP FOR SERVICES-l Counsel for the Respondent No.5 & 6: SRI SAI BABA GATTOJI The Court made the following: ORDER a HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT P TIONN 399 97 ot 2O22 o ORDER: Heard Sri M.V. Hanumantha Rao, learned counjel appearing on behalf of petitaoners, learned Assistant Government Pleader for Services-I, appearing on behalf of respondent Nos.1 to 4 and Sri Saibaba Gattoji, tearned counsel appearing on behalf of the respondent Nos.s and 6.
2. The petitioners approached this Court seeking the prayer as under: "...to issue a Writ or direction preferably Writ of Mandamus declaring the inaction of the respondent Nos. 2 to 4 in releasing family pension, death benefits and other benefits in favour of the petitioner No.1 including compassionate appointment to petitioner No.3 by consideiing and disposing of the representations dated 20- 2- 2022, 2-3 -2022, r2-7 -2022, 7 -8-2022, 72-9- 2022 and 27 -9-2022 as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondent Nos.2 to 4 to release the family pension, death benefits and other benefits to the petitioners and provide compassionate appointment to the petitioner No. 3 and pass. . . ". 2 SN, J vtP 19991 2022
3. The case oF the petitioners, in brief, is that petitioner No.1 is the legally wedded wife of Sri Syed Wajeed Hussain and their marriage was performed on 02.05.1995 and petitioner had been blessed with trryo children i.e. petitioner Nos.2 and 3 herein, who had been born on 31.1.1996 and 19.9.1999 respectively. The 1't wife of petitioner's husband Shaik Zaheda Begum gave divorce i.e. Qulanama on 25.09.1994 and received permanent alimony for her and her two minor sons i.e. respondent Nos.5 and 6 herein. The husband of petitioner No.1 while workirig as Superintendent in the office of the respondent No.4 died on 23.06.202\ due to ill-health. The petitioner No.1 made several representations dated 20-2_2022, 2_3_2022, t2_7_2022, 7_B- 2022, 72-9-20.t2 and 27-9-2022 to the respondents seeking compassionate appointment to the petitioner No.3 and for family pension and for release of death benefits and other benefits to the petitioners. The respondent Nos.5 and 6 submitted representations dated 26.06.2O2j, and 0g.06.2022, raising objection for grant of death benefits to the petitioners and other benefits includin,J compassionate appointment. Aggrieved by the inaction oF the respondent Nos.2 to 4, the petitioners approached the Court by filing the present writ petition. J SN, J wP 3997 2022
4. Learned counsel appearing on behalf of respondent Nos.5 and 6 submits that respondent Nos.5 and 6 are proper and necessary parties to be heard by the respondent Nos.2 to 4 while considering the various representations submitted by the petition"., .""king release of family pension, death benefits and other benefits in favour of the petitioner No.1 including compassionate appointment to petitioner No.3.
5. The learned Assistant Government pleader for Services_I, appearing on behalF of official respondents submits that the writ petition could be disposed of by directing the respondent Nos.1 to 4 to consider the various representations of the petitioners within a reasonable period.
5. Taki n to co d ration (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioners, and the learned Assistant Government Pleader for Services-I, appearing on behalf of officaal respondents and the learned counset appearing on behalf of respondent Nos.s and 6, 't 4 SN' ., wP 3999-7 2022 (c) The contents of the various representations of the petitioners dated 2O-2-2O22,2-3-2022, LZ_7_2022, L_ 8-2022, L2-9-2O22 and 27-9-2OZZ addressed to the respondents herein, (d) The fact that the said representations had not been considered in accordance to law as on date, The writ petition is disposed of directing the respondent Nos,2 to 4 to consider the petitioners, request for release of family pension, death benefits and other benefits in favour of the petitioner No. t including compassionate appointment to petitioner No.3 by duly considering the various representations datecl ZO_2-2OZZ, 2-3-2022, t2-7-2O22, t-g-2022, L2-9-ZO2Z and 27_9_ 2O22 addressed to the respondents herein, in accordance to law, in conformity with principles of natural justice as per the rules in force after giving due notice to all concerned including the petitioner and the respondent Nos.S and 6 as well and pass appropriate orders on the said representations within four (4) weeks from the date of receipt of a copy of this order and duly communicate r \ ) sN, l wP 39991 2022 the decision to the petitioners. 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. //TRUECOPY// SD/-K. SREE RAMA-MURTHY DEPUTYEqGISTRAR \ SECTION OFFICER - / To,
1. The Principal Secretary, School Education Department' Secretariat' Hyderabad, State of Telangana
2. The Regional Joint Director' School Education, Hanamakonda' Hanamakonda Dist.
3. The District Collector, Mulugu District 4. The District Education Officer, Mulugu District' 5. One CC to SRI M.V.HANUMANTHA RAO, Advocate [OPUC] 6 One CC to SRI SAI BABA GATTOJI, Advocate [OPUC] 7'TwoCCstoGPFoRSERVICES-I'HighCourtfortheStateofTelanganaat Hyderabad [OUT] L Two CD CoPies BSR BS r fr' HIGH COURT DATED:0210412025 ,-=- 1-r t'e STA I a: c( J, (J t 1i APH MM a-) \: t-'.t\t1.', :.\' _,.... \=:=. _.-r:-- ORDER WP.No.39997 of 2022 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ?+ )) L+