Telangana High Court
V. Mighty Rohith vs The State Of Telangana And Another on 15 November, 2022
Bench: N.V.Shravan Kumar
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
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.
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
