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
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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
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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
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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
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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
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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
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THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
Dated: 27.12.2023
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