D.Krishna v. 1. The Miryalaguda Municipality

Petition under Article 226 of the Cgnstitution of lndia praying that in the circumstances stated in the affidavit filefl therewith, the High Court may be pleased to issue writ, order or direction m re particularly one in the nature of writ of mandamus declaring the actron of the r spondents in not considering the case of the petitioner for appointment on co passionate grounds as void, illegal, arbitrary, discriminatory and contrary to the Constitution of lndia and consequently direct the respondents to consider the ca e of the petitioner for appointment on compassionate grounds in any suitable post as per G.O.Ms.No.118 dated 1 8.08.1999. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the cir,:u nstances stated in the affidavit filed in support of the petition, the High Court may re pleased to direct the 1st respondents to consider and pass orders on the repr€sentation made by the petitioner dated 04.09.2012 and latest daled 27.11.2018 for providing appointment on compassionate grounds in any suitable post as per G.O.lVs.No.118 dated 18.08.1999 oending disposal of the above writ petition. Counsel for the Petitioner: SRI S. JAGADISH Counsel for the Respondent No.1: SRI RAMESH CHILLA ISC FOR SERVICE MATTERS OF ALL MUNICIPALITIES TELANGANA) Counsel for the Respondent Nos.2 and 3: GP FOR MUl.llclPAL ADMINISTRATION I.'RBAN DEVELOPM ENT Counsel for the Respondent No.4: GP FOR FINANCE The Court made the following: ORDER ^t wp ,l(r799 2018 NBK, J THE HON'BLE SRI JUSTTCE N GESH BHEEMAPAKA WRIT PETIT ION No.46799 of 2018 ORDER: The case of the petitioner is that he is the son of late D. Sakru, who was appointed as NMR Public Health Worker in the ['t respondent municipality on 01.02.1988. He was granded Minimum Time Scale of Pay w.e.f. 01.03.1996 upon completing mofe than 5 years of service as prescribed under G.O.Ms.No.2 l2 dated 2|.04.1994. He was also extended periodical increments, revised pay qcales' and was eligibte for regularization. However, he expired whitl on duty on 06.06-2012,leaving behind his family including the petitioner. The petitioner passed 1Oth class anJ belongs to the Scheduled Tribe community. He submitted an applicatiion dated 04.09.2012 seeking compassionate appointment, enclosing tfre required documents, namely, Death Certificate, No Objection Certififate liom family members, No Eaming Member Certificate, No Property Certificate, and Family Member Certificate issued by the Tahsildar, Miryflaguda Mandal. The petitioner's father fulfitled all the conditions laid down in G.O.Ms'No'212, but his It is submitted that the services were not regularized during his Govemment issued G.O.Ms.No.l l8 dated l8'08'1999 providing compassionate appointments to dePendefts of deceased NMR employees whose cases were pending [or regularizatif n. The petitioner, being qualified for a Last Grade Service post and having applied within one year of his father's death, is eligible under th said G.O. Despite rePeated represenfations, including the one dated27.1l.20l8, the respondents failed flifetime. d to pass any orders. ) \!P 16799 20llt NBK. ] \\t \f -.1 -

2. Heard leamed counsel for the petitioner; leamed Sri Ramesh Chilla, learned Standing Counsel appearing for respondent No.l-Municipality; learned Govemment Pleader for Municipal Adrninistration & Urban Development appearing for respondent Nos.2 and 3 and leamed Government Pleader for Finance and Planning apF,ez.ring lor respondent No.4. Perused the record.

3. The record reveals that the petitioner earlier ap,proachcd this Court in W.P.No.46799 of 2018, whereupon this Court directerl the respondents to consider the case of the petitioner for compassionate appointment. Pursuant thereto, the Municipal Commissioner, Mirya laguda addressed Lr.No.C l/755/MM/2012 dated 28.02.2019 informinli tre petitioner that 22 persons were awaiting compassionate appointment anrl the petitioner was placed at Sl.No. 17, and that appointments woulc l;e processed when vacancles artse.

4. Leamed Govemment Pleader places a copy of written instructions and contends that in the year 2023, the petitioner submitted another representation. The Municipal Commissioner, Iv,Iiryalaguda, vide Lr.No.C t/747lMM/2024 dated 14.06.2024, addressed the Dislrict Collector, Nalgonda. In response, the District Collector vide Lr.I.lo.H5/87912024 dated

09.07.2024 directed examination of the proposal uncier G.O.Ms.No. I l8 dated 18.08.1999 read with G.O.Ms.N o.212 dated 22.0.4.1991 and C.O.(P) No. I I 2 dated, 23.07 .1997. It is further submitted that the District Collector instructed that if the candldate is fully fit for compassiorate appointment, a specific recommendation be sent to the Commissirtn:r and Director of Municipa[ Administration, Hyderabad, for clearance from the Finance Deparfiirent. It was further noted that the proposal was being processed after E; rlp ,16799_2018 NBK- ] a lapse of over l0 years from the death of the NMR employee whose services were not regularized. Subsequently, the Municipal commissioner requcsted the petitioner to submit several documerJrts, including Caste Certificate, Death Certificate, Family Member C"ftific"te, No Earning Member Certificate, No Property Ceftificate, Alfidavit with Notary attestation, E,mployment Registration Certificate, Financial Status Certificate from RDO Ofhce, and Educational Quatification Certificates with Gazetted attestation.

5. Having considered the respective su missions and perused the record, and further considering that there is huge aird inordinate delay on the part of respondents in considering the case of the petitioner, particularly when G.O.Ms.No.ll8 dated 18.08.1999 is aq plicabte, and even as Per the rat there is a lapse ol l0 Years in communication of the District Collector tf )ourt is inclined to allow the writ processing the case of the petitioner' this C petition. 6 respondent to pass appropriate orders a Accordingly, the Writ Petition is allowed, with a direction to the 2nd fipointing the petitioner in anY [,. I I 8 dated I 8.08. 1999 and other suitable post in accordance with G.O.Ms.N i) weeks lrom the date of receiPt relevant G.Os., within a period of eight (t of a copy of this judgment. No costs. Miscellaneous petitions pending, if any, shalt stand closed. _ L That Rule Nisi has made Absolute as abov! witness Witness THE HON'BLE ACTING CHIEF SUI DaY Of March Two Thousai JOY PAUL, TuesdaY, The Eleventh rd And TwentY Five //TRUE C PYII SD/. M. OSMAN ALI B.AIG STANT REGISTRAR SECTION OFFICER To, 1 The.Municipal Commissioner' Miryalaguda' The Miryalaguda lvlunicipality' Nalgonda District l I The Commissioner and Director of Municipal Administralion' State of Telanqana, A.C. Guards. Hvderabad. il;: P?.-;;ri s."ietrrv, Mdnicipal Ad ministration and U rba n Develo pment Oepartr"fii Secretariit,The State of Telangana, Hyde-abad' i65 piinCiprr Secretary, Finance and Plannhg Depahm':nt, Secretariat' The State of Telangana, HYderabad. One CC to Sri-S. Jagabish, Advocate [OPUC] 5;; CC io Sri nrr"-.n Chiila (SC for S-ervice Matters O'All l'4unicipalities Telangana) [OPUC] f*o Ct to'The GP ior Municipal Administration UrPan trevelopment' High Court for the State of Telangana, at Hyderabadtou ll 1"uio'c-C io1n" cp ro'. Fina-nce, High-Court forlhe Stakr of Telangana' at Hyderabad[OUT] Two CD CoPies a

3. 4 5 6 7 o I TJ TKS HIGH COURT DATED:1110312025 ORDER WP.No.46799 of 2018 ALLOWING THE WRIT PETITION WITHOUT COSTS I 2I AIJB 206 .'-' .,: ,I ,'-'- . rl_t:i :-i ,i,