THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION NO.24623 OF 2023
ORDER
In this Writ Petition, the petitioner is challenging the impugned proceedings dt.17.04.2023 rejecting the case of the petitioner for compassionate appointment, as illegal and arbitrary.
2. Brief facts leading to the filing of the present Writ Petition are that the petitioner's father was working with the 3rd respondent college and died while in service. The petitioner had requested for consideration of his case for compassionate appointment and when the same was not considered, the petitioner filed W.P.No.42712 of 2022 and the same was disposed of vide orders dt.22.02.2023 directing the respondents to reconsider the case of the petitioner and to appoint him in a suitable post on compassionate grounds in the same college or in any other college. However, vide order dt.17.04.2023, the representation of the petitioner was rejected by the respondents.
W.P.No.24623 of 2023 2
3. Sri Pratap Narayan Sanghi, learned Senior Counsel representing Sri Avadesh Narayan Sanghi, learned counsel for the petitioner submitted that all the relevant facts were brought to the notice of this Court in W.P.No.42712 of 2022 and after taking into consideration all the aspects, this Court, vide order dt.22.02.2023, was pleased to direct the respondents to reconsider the case of the petitioner for compassionate appointment. However, by citing the same grounds, the respondents have again rejected the representation of the petitioner.
4. When this matter had come up for admission, this Court had directed the respondents to give the details of the vacancies in aided colleges in the State of Telangana and the respondents have given the details in the counter affidavit. The learned Senior Counsel for the petitioner has pointed out from the counter affidavit that there are 173 vacancies of aided posts in the aided colleges of the State. He therefore submitted that the case of the petitioner for compassionate appointment against any of these vacancies should be directed.
5. Learned Government Pleader for Services-I, on the other hand, relied upon the averments made in the counter affidavit and also W.P.No.24623 of 2023 3 submitted that there is a ban on appointments including compassionate appointments except for the appointment of SC/ST backlog vacancies. He further submitted that the procedure for filling up of the backlog vacancies is governed by G.O.Ms.No.214, GAD (Ser-A) Department and G.O.Ms.No.215, GAD (Ser-A) Department, both dated 08.05.2001. It is submitted that there has to be special notification for filling up of the backlog vacancies and compassionate appointments cannot be made in backlog vacancies. He further submitted all these facts were not brought to the notice of the Court in W.P.No.42712 of 2022 and further that as per grant-in-aid, each aided college is a single unit for the purpose of recruitment/appointment and all the service matters pertaining to the employees are restricted to respective colleges only. It is submitted that the 3rd respondent college in which the petitioner's father was working has become defunct and therefore, the petitioner cannot be appointed on compassionate grounds in any other aided college. Further, he placed reliance upon the judgment of the Hon'ble Supreme Court in the case of Hindustan Aeronautics Ltd. Vs. A. Radhika Thirumalai (Smt) 1 in support of his contention that 1 (1996) 6 SCC 394 W.P.No.24623 of 2023 4 compassionate appointment cannot be made unless and until there is a vacancy.
6. Having regard to the rival contentions and the material on record, this Court finds that in the earlier round of litigation, i.e., in W.P.No.42712 of 2022, the factual aspects as well as the ban imposed by the Government on appointments on compassionate grounds have been brought to the notice of the Court and it was also observed that about 59 persons were given appointments by respondent No.2 after issuance of G.O.Ms.No.35, Higher Education (CE.II-I) Department, dt.27.03.2006. The Court has also taken note of the fact that the 3rd respondent is now converted into self-finance course during the year 2020-21 and hence, the compassionate appointment in the said college does not arise. It was after taking all these facts into consideration and also the legal position, that the Court has directed the respondents to reconsider the case of the petitioner for appointment in any suitable post on compassionate grounds in the same college or in any other college. The respondents have not challenged the said order of this Court dt.22.02.2023 in W.P.No.42712 of 2022 and therefore, it has become final. It is therefore incumbent upon the respondents to implement the W.P.No.24623 of 2023 5 said order instead of trying to find a method or reason for rejecting the case of the petitioner again on some other grounds. This Court is not sitting in review of the order of this Court in W.P.No.42712 of 2022 dt.22.02.2023 and the order which has become final has to be followed in its letter and spirit by the respondents.
7. The judgment relied on by the learned Government Pleader for Services-I in the case of Hindustan Aeronautics Ltd. Vs. A. Radhika Thirumalai (Smt) (1 supra) is distinguishable on facts and not applicable to the present case as the said judgment is only with regard to the availability of vacancy for providing compassionate appointment. Admittedly, in this case, vacancies are available in aided post in various colleges in the State of Telangana. Therefore, this judgment will not come to the aid of the respondents.
8. In view of the same, this Court deems it fit and proper to set aside the impugned proceedings dt.17.04.2023 and to direct the respondents to issue appointment order to the petitioner in a suitable post on compassionate grounds in any of the vacancies which have been shown in para 15 of the counter affidavit filed by respondents 1 and 2. The W.P.No.24623 of 2023 6 appointment order shall be issued within a period of three (3) weeks from the date of receipt of a copy of this order.
9. Accordingly, the Writ Petition is allowed. No order as to costs.
10. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 31.10.2023 Svv