Citation : 2021 Latest Caselaw 3660 Tel
Judgement Date : 22 November, 2021
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.606 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order
dated 29.01.2021 passed by the learned Single Judge in
W.P.No.1620 of 2021.
The undisputed facts of the case reveal that one
Muddham Lingaiah was an employee serving Panchayat
Raj Engineering Department under the State of
Telangana and he expired on 05.10.1982. The brother of
the appellant, Muddham Prabhakar, was appointed on
compassionate ground as Gangman on 22.01.1983. He
was promoted as Work Inspector and he expired on
23.10.2020
. The appellant, who was also the son of
Muddham Lingaiah, the deceased Government servant
on whose death compassionate appointment was granted
to Muddham Prabhakar, has preferred the writ petition
before the learned Single Judge and his contention was
that in case of grant of compassionate appointment, the
person who is granted compassionate appointment is
under obligation to look after the entire family and even
the scheme provides for the same.
In the present case, after the death of Muddham
Prabhakar who was granted compassionate appointment
in the year 1983, a writ petition was preferred in the year
2021 stating that Muddham Prabhakar expired on
23.10.2020 and while he was alive, he was not looking
after the family. It is unfortunate that the appellant
woke up from slumber after many years by stating that
his brother was not looking after him and after his death,
now he wants compensation.
A prayer has been made in the open Court on behalf
of the appellant by the learned counsel for the appellant
that some compensation be granted to the appellant as
he was not looked after by his brother from 1983 to
2020.
In the considered opinion of this Court, the policy of
granting compassionate appointment does not provide for
any such compensation, nor terminal dues can be
granted to the appellant, as the person who was granted
compassionate appointment has a family and the
terminal dues are to be given to the family as per the
statutory provisions.
The writ appeal is accordingly dismissed with costs
of Rs.1,000/- (Rupees one thousand only) to be paid to
the Telangana State Legal Services Authority within a
period of two weeks from today. The miscellaneous
applications pending in this appeal, if any, shall stand
closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ
___________________________ A.RAJASHEKER REDDY, J 22.11.2021 vs
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