Telangana High Court
Motupally Jyothsna Devi vs The State Of Telangana on 21 April, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.11729 of 2025
ORDER:
This writ petition is filed by the petitioner seeking the
following relief:
"......to issue writ order or direction more particularly one in the
nature of WRIT OF MANDAMUS declaring the action of the 5th
Respondent in issuing the impugned notice dated 02112024
directing the submission of an application for appointment on
compassionate grounds to the brother of the Petitioner by
misinterpreting the judgment and decree passed in O S No 191 of
2023 dated 08052024 as illegal arbitrary unjust and
unconstitutional and consequently direct the Respondent
authorities to consider the case of the Petitioner for appointment on
compassionate grounds and to grant such other relief or reliefs..."
2. Heard Mr. Kompalli Lingam Goud, learned counsel for the
petitioner, learned Government Pleader for Social Welfare
Department appearing for respondent Nos.1, 3 to 5 and learned
Government Pleader for Revenue appearing for respondent No.2.
Perused the material available on record.
3. The present writ petition has been filed by the petitioner
seeking a direction to the respondent authorities to consider the
case of the petitioner for compassionate appointment, pursuant to
the demise of her elder brother, Sri Motupally Raghunandana
Chary, who was earlier appointed on compassionate grounds
following the death of their father, Sri Motupally Perumandla Chary,
a Telugu Pandit in the Education Department.
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NBK, J
4. Learned counsel for the petitioner submits that the
petitioner's late father, Sri Motupally Perumandla Chary, rendered
dedicated service as a Telugu Pandit in the Education Department
until his untimely demise due to ill health. Following his demise,
the petitioner's elder brother, Sri Motupally Raghunandana Chary,
was appointed on compassionate grounds as a Typist in the office of
the Child Development Project Officer (CDPO), ICDS Project,
Mulugu. Unfortunately, he passed away on 19.10.2020, leaving
behind their mother and younger brother as legal heirs.
The petitioner's younger brother, who is employed as a Poojari, has
expressed disinterest in seeking employment and has accordingly
executed a No Objection Certificate (NOC) in this regard.
The petitioner's mother is of advanced age and unable to seek
employment herself. Thus, the petitioner is the only eligible and
willing legal heir to seek appointment on compassionate grounds.
5. Learned counsel further submits that the petitioner's mother
submitted a representation dated 23.01.2023 before the respondent
authorities, requesting consideration of the petitioner's case for
appointment on compassionate grounds. Upon review, the
authorities directed the submission of a legal heir certificate.
Consequently, the petitioner, along with her mother and younger
brother, filed a suit vide O.S. No.191 of 2023 before the learned
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NBK, J
II Additional Junior Civil Judge-cum-Judicial Magistrate of First
Class, Warangal, seeking a declaration recognizing them as the legal
heirs of the deceased Sri Motupally Raghunandana Chary and the
suit was decreed in their favour on 08.05.2024.
6. Learned counsel for the petitioner further submits that
pursuant to the decree, the petitioner submitted application dated
12.08.2024 to respondent No.5, enclosing a copy of the NOC issued
by her younger brother. However, respondent No.5 issued an
impugned notice dated 02.11.2024, directing the petitioner's mother
to submit an application for the appointment of the younger brother
of the petitioner, by misinterpreting the judgment and decree in
O.S. No.191 of 2023. The grievance of the petitioner is that, despite
repeated representations, her request has not been considered by
the respondent authorities. It is further submitted that failure to
provide employment will cause immense hardship to the petitioner's
family. Therefore, learned counsel for the petitioner prays for a
direction to the respondent authorities to consider the petitioner's
application dated 12.08.2024 in light of the circumstances and take
appropriate action in accordance with law.
7. Having considered the submissions of the learned counsel for
the petitioner, and without going into the merits of the case, this
Court deems it appropriate to direct the respondent authorities to
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NBK, J
consider the representation dated 12.08.2024 submitted by the
petitioner and pass appropriate orders in accordance with law
within a period of four (4) weeks from the date of receipt of a copy of
this order.
8. With the above direction, the Writ Petition is disposed of.
No order as to costs.
As a sequel, miscellaneous applications pending, if any, shall
stand closed.
____________________________
NAGESH BHEEMAPAKA, J
Date: 21.04.2025
NSP
