High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider and appoint petitioner in a regular Civil Service post of Unisn of lndia with all consequential benefits w.e.f . 07.01.2003 pending disposal of the main Writ Petition Counsel for the Petitioner: SRl. AVADESH NARAYAN SANGHI counsel for the Respondents: sRl ANVESH REDDY REP., FOR SRI T SRUJAN KUMAR REDDY The Court made the following: ORDER THE HON'BLE SRI JUSTICE ABHINAITD KT'MAR SHAVILI AND THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EAI)A Writ Petition l{o.34893 of 2o23 ORDER: eer Hon'ble Sri Jtstice Abhtrand Kumar Stuvili) This writ petition is hled seeking the following reliet- "...to issue an appropriale urit order or direction mmore pattianlarlg otle in the nature of Certiorai by setting aside tfe order of CAT in O.A.No. 1496 of 20 15 daled 26.06.2023 and" @nsequentlg direct the respondents to consider and appoint nE in a regular post i.e., Group'C'or Group 'D' Ctvit Job with all consequenlioJ benefits such o's anrears of sdarg, Senioity, Promotion and all otler seruice benefits tu.e.f., O7.O1.20O3 in the interest of justice and pass such as arrears oJ solary, Seniority, Promotion and all other seruice benefits ut.e-f. 07.01.2003 in the interest of Justice and pass such other order or ord.ers as seemed fit and proper in circrmstances of the cose".

2. Heard Sri Pratap Narayan Sanghi, Iearned Senior Counsel for the petitioner and Sri Anvesh Reddy, learned counsel for the respondents.

3. It has been contended by the petitioner that his father was working as Postman and he died in harness on 23.O3.1996 and petitioner thereafter submitted an application seeking compassionate appointment and respondents rvere pleased to approve the compassionate appointment of the petitioner vide Proceedings dated 03.08. 1999. However, the said approval was subject to availability of vacancies in the cadre of Postman. While of postman, the respondents have offered pending vacancies ,ril&: 2 AK9,.' & ETDJ w? 34893 2023 temporary appointment as a Postman in a leave vacancy of the petitioner '"ide Proceedings dated 16.08.2000 and there afterwards, the resporLdenLs have also sought for a willingness from the petitioner to work as a Postman and contingent basis and upon his accepta nce, he was appointed as a Postman vide Proceedings dated 2O.(t2.2001. While he was working as a Postman on contingent basis, he was informed by the respondents vide Proceedings daled 06.07.2O01 as per the Postal Directorate l€tter dated O8.02.2001, waiting list of the approved candidates for compassiorate appointment was discontinued and his willingness was sought for consideration for appointment by other Ministries. Thereafter, the petitioner has given his willingness ro work as a Grameen Dak Sevak vide his Letter dated 06.03.2002 and process thereto, he was given an appointment as a Gramr:cn Dak Sevak which is Honorarium Post. The petitioner has obtained information under the RTI Act on 08.l t.ZOZS wherein a perusal of the said inf,rrmation discloses that there were vacancies in Group 'C" and 'D' sincc 2OO5 to 2022, and. from the conr.ention of the respondents that there were no vacancies in Group 'C' and Group D' is false. 4 . In th,: sa id circumstances, based upon the information provided under the Right to Information Act, the pctitioner has 3 AKS,] & ETD,J wP_34893_2023 I approached Central Administrative Tribunai by filing O'A'No' 1496 of 2O15 seeking irnplementation of the Proceedings dated 03.O8.1999, wherein the appointment of the petitioner for compassionate appointment was proved, however, subject to availability of vacancy in the cadre of Postman' The Centra-l Administrative Tribunal was pleased to dispose of the O'A' however, directed the respondents to appoint the petitioner as GrameenDakSevakwithalltheallowancesasadmissibleinthe prescribed TRCA (Time Related Continuity Allowance), which is the pay scale and he shall be covered by the rules applicable to the Grameen Dak Sevak instead of directing the respondents to consider the case of petitioner as Postman in pursuance to their own proceedings dated 03.08.1999.

5. karned counsel for the petitioner had contended that Grameen Dak Sevak is an Honorarium Post and no benefits would accrue to the petitioner, if the petitioner is continued as Grameen Dak Sevak, when the appointment of the petitioner was approved for compassionate appointment, only the requirement was subject to availability of vacancies of Postman' The Tribunal ought to have directed the respondents to consider the case of the petitioner for appointment as a Postman in pursuance to their Proceedings dated 13.08.2019. Therefore, appropriate orders be passed in the writ 4 AKS,J & ETD,J wP 34893 2023 petition b'y directing the respondents to consider the case of the petitioner for appointment as a Postman on compassionate ground in tune wi:h the proceedings of the respondents dated 03.O8.1999.

6. Learned <:ounsel for the respondents had contended that the petitioner himself has submitted a representation that he is willing to get abs,rrbed as a Grameen Dak Sevak vide Proceedings dated

31.03.2OO:2 and only after obtaining, declaration from the petitioner, the respondents have appointed the 1>etitioner as a Grameen Daak Sevak. Therefore, the Tribunal was justified in directing the rcspondents to continue the petitioner as Grameen Dak Sevak with all benefits. Therefore, there are no merits in the writ petition and the same is liable to be dismissed.

7. This Court, having considered the rival submissions made by the parties, is of the considered view that the Tribunal has granted a relief which the petitioner has never sought for. The petitioner is seeking a direction to consider his case for appointment on compassiotrate grounds i.e., for Postman that too in pursuance of the Procer:dings issued by the respondents on 03.08.1999. Therefore, this Court is of the considered view that the present Writ Petition can be disposed of directing the respondents to consider the case of petitioner for appointment as a postman on in pursuance of the proceedings of compasslorLate grounds .*=7 5 A(sJ & ETD,J wP 34493 2023 respondents dated O3.O8.1999 arrd pass appropriate orders, in accordance with law.

8. With the above observations, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications pending if any in this writ petition, shalt stand closed. sD,_K. s&EpEuSHtJl U THY ,TTRUE COPY'/ SECTION FICER To, , rndia, Department of Post offices' , Il:j$,"ya"j;t?lrr.J;y#:: 2. The Superinle.nggllt of Post Offices' Peddapalli Division' Pedapalli' 3. One CC to SRI' AVADESH NARAYAN SANGHI Advocate IOPUCI 4. One QC to SRI T SRUJAN KUMAR REDDY Advocate IOPUCI Karimnagar ulstrlcr' 5 KKE BS Two CD Copies g HIGH COURT DATED:1 810212025 ORDER WP.No.34893 of 2023 ( q 5 o rS f F. t 01 APfl 2025 t c €sp^Tctr i DISPOSING OF THE WRIT PETITION WITHOUT COSTS o W