J.M.Sanjeev Kumar vs Union Of India
2022 Latest Caselaw 1594 Tel

      THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI

                 WRIT PETITION NO.14517 OF 2022

                                ORDER

This Writ Petition is filed seeking a Writ of Mandamus to call for

records pertaining to the Proceedings No.X/P 268/CGA/SC. Divn,

dt.26.12.2018 passed by the 2nd respondent, wherein the case of the

petitioner for consideration of compassionate appointment due to the death

of his father who was an employee in the respondents' organization has

been rejected and declare the same as arbitrary, illegal and contrary to the

orders passed of this Court in W.P.Nos.20619 of 2013 and batch

dt.17.07.2017 and the order of the Hon'ble Supreme Court in SLP (C)

Nos.12245-12446/2018 and batch dt.07.05.2019 and set aside the same

and consequently direct the respondents to consider the case of the

petitioner for compassionate appointment and pass such other order or

orders as this Hon'ble Court may deem fit and proper in the circumstances

of the case.

2. Sri K. Siva Reddy, learned counsel for the petitioner and Ms.

Pallavi, learned counsel representing Sri Namavarapu Rjeshwar Rao,

learned Assistant Solicitor General, are heard.

W.P.No.14517 of 2022

3. On earlier occasion, i.e., on 22.03.2022, the petitioner had sought

time to approach the respondents by filing a representation to the 2nd

respondent seeking reconsideration of his decision dt.26.12.2018 in the

light of the judgments of this Court and also the Hon'ble Supreme Court.

The learned counsel for the petitioner has now filed I.A.No.2 of 2022

enclosing a copy of his representation dt.23.03.2022 made to the

respondents seeking reconsideration of his case for compassionate

appointment in the light of the judgment of the Hon'ble Supreme Court in

SLP (C) No.32004 of 2016 and Railway Board Circular dt.30.12.2019.

4. Having regard to the fact that the Apex Court's decision on the

issue has been rendered after rejection of the petitioner's representation by

order dt.26.12.2018, and the decision of the Apex Court is final and is the

law of the land, the respondents are directed to consider and dispose of the

representation of the petitioner dt.23.03.2022 within a period of 90 days

from the date of receipt of a copy of this order by way of a speaking order.

5. The Writ Petition is accordingly disposed of. No order as to costs.

6. Pending miscellaneous petitions, if any, in this Writ Petition shall

stand closed.

___________________________ JUSTICE P. MADHAVI DEVI Date: 29.03.2022 Svv