HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No. 41626 of 2022
ORDER:
Heard learned counsel for the petitioner and Sri S.Bhoopal Reddy, learned standing counsel appearing for respondent, With the consent of both the parties, the writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition has been filed seeking a writ of mandamus to declare the impugned memo Rc.No.Zone-5/CAPT/1/2022, dated 26.04.2022 issued by the 1st respondent wherein rejecting genuine claim of the petitioner for appointment on compassionate grounds due to the sudden death of his mother on the untenable ground that his father is a pensioner and pension can be treated as earning and pensioner can be treated as on earning member as per Govt clarification issued in Memo No.3548/SER.G/A2/2010-8, G.A.(Services.G) Department dated 24.03.2012 as highly, illegal arbitrary, unjust improper contrary to law laid down by this Hon'ble court in its Division Bench judgment dated 20.06.2013 in WP No.16242 of 2013 including subsequent orders in WP No.27465 of 2017 dated 30.08.2017 confirmed by in WA No.700 of 2018 dated 29.11.2018 as well as recent orders passed in WP No.9551 of 2021, dated 01.10.2021 and WP No.15476 of 2017 dated 01.11.2022 in the same subject 2 matter and set aside or quash the impugned rejection order dated 26.04.2022 of the 1st respondent and consequently to direct the respondents to reconsider the claim of the petitioner for appointment under the scheme of compassionate grounds of in the place of his diseased mother without reference to the present impugned memo Rc.No.Zone-5/CAPT/1/2022, dated 26.04.2022 issued by the the 1st respondent.
3. When the matter is taken up for hearing, learned counsel for the petitioner submits that the present Writ Petition is squarely covered by the order dated 30.08.2017 passed by this Court in WP No.27465 of 2017 and the present writ petition may be disposed of in terms of the order passed by this Court in WP No.27465 of 2017, dated 30.08.2017.
4. Sri S.Bhoopal Reddy, learned standing counsel appearing for respondent submits that as per Government clarification in Circular Memo No.3548/Ser.G/A2/2010-8, G.A.(Ser.G) Department, dated 24.03.2012, if there is earning member in the family, no compassionate appointment can be granted in respect of that family and further submits that if fresh representation is made by the petitioner, the respondent authorities may be directed to consider the said representation and pass appropriate orders in accordance with law.
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5. In view of the rival submission made by the learned counsels on either side and upon perusal of the material on record, the impugned order dated Rc.No.Zone-5/CAPT/1/2022, dated 26.04.2022, issued by the respondent No.1 is set aside and this writ petition is disposed of granting liberty to petitioner to make fresh representation to respondent authorities submitting all his grievances within a period of two (2) weeks from the date of receipt of copy of this order and thereafter, respondent authorities are directed to dispose the petitioner's representation and pass appropriate orders strictly in accordance with law within a period of six (6) weeks from the date of receipt of said representation and communicate the same to the petitioner.
6. Accordingly, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
__________________________ N.V.SHRAVAN KUMAR, J 15.11.2022 SHA