Telangana High Court
Mohammed Ibrahim Khan vs The State Of Telangana on 27 December, 2023
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
W.P.No. 10778 of 2023
ORDER:
In this writ petition, the petitioner is seeking a writ of mandamus by calling for the records relating to and connected with Proceedings Rev/A4/ESTT/ACMP/0050/2021-A Section, dated 23.03.2023 in terms of G.O.Ms.No.612, dated 30.10.1991 R/w. G.O.Ms.No.244, dated 24.08.2021 and to set aside the same holding it as illegal, arbitrary, unconstitutional and consequently to direct the respondents to consider the case of the petitioner for compassionate appointment in the interest of justice and to pass such other order or orders.
2. Brief facts leading to the filing of the present writ petition are that petitioner had lost his father at the age of two years and his mother was working as an attender in the office of the respondent No.2 and she also died due to Covid-19 on 22.04.2021. After the death of his mother, the petitioner and his brother, both jointly, approached the respondent No.2 for compassionate appointment under the scheme and on the advice of the ministerial staff, the petitioner submits that he has given no objection and petitioner's brother applied for 2 TMD,J W.P.No. 10778 of 2023 compassionate appointment, but on the ground that he was highly qualified and was holding Master in Business Administration Degree and also that he is over aged, his case was rejected on 17.07.2021. Thereafter, the petitioner applied for compassionate appointment and once again the same was rejected on the ground that the petitioner is over aged. Learned counsel for the petitioner submitted that the petitioner is governed by G.O.Ms.No.612, dated 30.10.1991 which deals with compassionate appointment but there is no restriction of age limit for the application of the said Government Order. It is submitted that without taking into consideration that there is no restriction of age in G.O.Ms.No.612, dated 30.10.1991, the request of the petitioner was rejected vide G.O.Ms.No.244, dated 24.08.2021. Thereupon, the petitioner filed a writ petition i.e., W.P.No.29139 of 2021 and the same was disposed of with a direction to the petitioner to submit fresh representation to the respondent No.1 therein within a period of two weeks from the date of receipt of a copy of the order seeking compassionate appointment and upon such representation being received, the respondent No.1 was directed to consider and pass appropriate orders in accordance with law without being influenced by the 3 TMD,J W.P.No. 10778 of 2023 rejection order dated 27.10.2021 passed by the respondent No.2. Therefore, the petitioner submitted another representation, but the same was rejected vide letter dated 02.03.2023 and the same was communicated to the petitioner vide letter dated 23.03.2023. Challenging the said Government Memo dated 02.03.2023, the present writ petition has been filed.
3. Learned counsel for the petitioner submitted that G.O.Ms.No.42, dated 19.03.2022, the upper age limit for the Government jobs has been relaxed from 34 years to 44 years for the ensuing direct recruitments in various categories of posts to be notified by the recruiting agencies in the State and therefore, as on the date of death of his mother, the petitioner has not crossed the age of 44 years and hence, the Government Memo dated 02.03.2023 was passed without considering the relevant Government Orders. It is submitted that in G.O.Ms.No.244, dated 24.08.2021, the maximum age limit prescribed for direct recruitment to the posts shall be raised by 5 years in case of the candidates belonging to Economically Weaker Sections (EWS) on par with the SC, ST, BC candidates. It is submitted that in the impugned letter, there is no reference to any earlier memos or 4 TMD,J W.P.No. 10778 of 2023 Government Orders and since the Government has itself relaxed the age for Government Service from 34 years to 44 years, the same should have been considered in the case of the petitioner as well while considering his case for compassionate appointment.
4. Learned Government Pleader for Services-II, however, relied upon the averments made in the counter affidavit filed by the respondent No.2 and submitted that the upper age limit for Government Service was 34 years and in the case of EWS, it was relaxed by a further period of five years and therefore, the upper age limit in the case of EWS is 39 years, whereas the petitioner has already crossed 39 years as on the date of death of his mother. Therefore, according to him the case of the petitioner cannot be considered and has suitably been replied to by the respondents.
5. Learned counsel for the petitioner relied upon various orders of this Court under which this Court has directed the Government to consider the cases of such of the candidates for compassionate appointment as the Government in most of the cases has relaxed the conditions and has 5 TMD,J W.P.No. 10778 of 2023 considered their cases for compassionate appointment. The judgments are to the affect that where a benefit was granted to the set of candidates, there cannot be denial of the same benefit to other similarly placed persons.
6. Having regard to the rival contentions and the material on record, this Court finds that the death of the petitioner's mother was on 22.04.2021, whereas the Government has relaxed the upper age limit for direct recruitments into Government Service from 34 years to 44 years on 19.03.2022. The application of the petitioner has been rejected vide letter dated 02.03.2023 and therefore, by the said date, the G.O.Ms.No.42, dated 19.03.2022 has come into operation and therefore, the respondents ought to have considered the case of the petitioner in the light of the extended age limit. This Court is therefore, of the opinion that the petitioner's case for compassionate appointment needs consideration.
7. In view of the same, this writ petition is allowed and the respondents are directed to consider and provide compassionate appointment to the petitioner, if he satisfies and 6 TMD,J W.P.No. 10778 of 2023 fulfill the other terms and conditions required for appointment under compassionate appointment. The entire exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order. No order as to costs.
8. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.
____________________________ JUSTICE T.MADHAVI DEVI Date: 27.12.2023 bak 7 TMD,J W.P.No. 10778 of 2023 THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.No.10778 of 2023 Dated: 27.12.2023 bak