Writ appeal challenging the grant of compassionate appointment to the son of a victim of extremist violence. The bench dismissed the appeal, upholding the Single Judge's order directing state authorities to provide employment.
Direct parties to consider the case within 60 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
WEONESDAY, THE FIRST DAY OF DECEI,IBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL NO: 784 OF 2016
Writ Appeal under clause 15 of the Letters Patent preferred against the order dated 16.07.201 5 in WP.No. 20159 of 2015 on the file of the High Court.
Between:
1 The State of Telangana Rep by its Principal Secretary, General Administration (SC-A) Department Secretariat Buildings, Hyderabad 2 TheDistrictcollector'KarimnagarDistrict
...A,'ELLANT./RES''NDENT.
AND
Muddam Jana Reddy, S/o. Adi Reddy Aged 29years, Occ: Unemployee R/o. Athmakur Village, Gollapalli Mandal, Karimngar District
...REspoN,ENT
l.A. NO: 2 OF 2016(WAMP. NO: 1917 OF 2016)
Petition under Section 151 CPCpraying that in the circumstancesstated in the affidavit filed in support of thepetition, the High Courtmay be pleased suspend the modified orderpassed by the Learned Single Judgein WP,No. 20159of 2015dt. 09.03.2016 thereby modifying earlier order dt.16.07.20'15 pending disposalof the present Writ Appeal
l.A. NO: 1OF 2017(WAMP. NO:422OF2 017):
Between:
Muddam Jana Reddy, S/o. Adi ReddYA sed 30 years, Occ: Unemployee Fl/o. Athmakur Village, Gollapalli [r/anda I, Karimnoar District....PETITIONER/RESPONDENT
AND
.. RESPoNDENTS/PETIIoNERS
Petition under Section 151 CPCprayingthat in the circumstancesstated in the affidavit filed in supportof the petition, the High courtmay be pleasedto vacate the orderspassed in wAMP.No.19'17of 2016 in wA.No. 784 of 2016 dt. 31.08.2016 and dismiss the above Writ APPeal
Counsel for the Appellants:GP FORGENERAL ADMINISTRATION
Counsel for Respondent: SRIT. SUJAN KUMAR
The Court made the following:JUDGMENT
THE HON'BLETHE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
['RIT APPEAL No.784 of 2OL6
JUDGMENT: (Per tte I lon'ble the Ctriel Jusnce Sattsh Cha rcl.ra Slrctnle)
The present writ appea.l is arising out of the impugned order passed by the learned Single Judge in W.P.No.20159 of 2015.
The undisputed facts of the case reveal that the father of the respondent No.l/writ petitioner, who was suspected to be a Police informer, was brutally murdered by People's War Group (PWG) (Naxalites) on 12.10.1998. The writ petitioner, as the impugned order revea-ls, was at the relevant point of time aged about 16 years and he submitted an application for grant of compassionate appointment keeping in view the poiicy decisior-i of the State Government dated 08.11.1996. The policy decision of the State(]overnment is reproduced as under:-
"Government of Andhrapradesh ABSTRACT
LAW AND ORDER - Relief to the victims in extremist violence and in police firings-providing employment to a son or a daughter or spouse of any person killed in extremist violence or in police firing -Order -Issued.
GENERAL ADMINISTRATION (SC.A) DEPARTMENT G.O.Ms.No.469 Dated:g-
Dated:g- 11- 1996. Read the following
A.P.Ordinance No.24 oI 1996, dated 28-10-1996.
ORD ER
In the Government order lirst read above, the state Government have issued orders enhancing the exgratia relief to the victims of extremist violence and relief towards ciamage to properties. In the Government order second read above, the state Government have issued certain guidelines, among other things, for immediate payment of exgratia relief to the next of the kin of the persons kiUed/injured in the extremist violence and relief towards damages to properties.
(BY ORI)ER AND IN THD NANIE OF THE GOVERNER OF ANDHRA PRADESH]
M,S.RAJAJEE CHIEF SECRETARY TO GOVERNMENT'
The facts further reveal that the case of the writ petitioner was recommended by the Collector, Karimnagar, to the Secretary to Government (Political), and the Government was informed that the father of the writ petitioner was treated as Police informer, he was shot dead by PWG extremists arrd compassionate appointment be provided to the writ petitioner.
J
The Presentcase is not an isolated case where compassionateappointments have been granted to the dependantsof the Police personnelor to the dependants in thosecases where persons have been killed on account ofextremistviolence.Asnoappointmentorderwasbeing issued andhis case was turned down' the writ petitioner was leftwith no other choice' except to approachthis CourtandthelearnedSingleJudgehasa]lowedthewrit of thesaid order is petition.The oPerative Portion reproducedas under:-
'Thegrievanceof the petitioner is that by virtue of G.O.Ms.No.469,dated 8'11'1996'he is entitled for appointment on comPassionategrounds'
The contentionof the respondents that the petitioner is not entitledfor appointmenton compassionate grounds as he has not completedtheage of 16 yearsas on the date of death of his father,$'ho died inextremist violence'cannotbeaccepted Dealingwithsimilar issue, learned Single Judge of this Court in P. LakshmiRama andothers u rJnionof India(2011(3) ALD 209)' held asunder:
"At any rate,whatbecomes relevantis the age'of the candidateas on rhe date of appointment The o.i,tion".acqr''ired righrosLrbmitappl'(dtiunu.ll)iri Ir,. ,.r'. )ro,ilta '1 ']n"5''.11t (as(Lhar.shenr((ls dn</sup> ,.li]xationofage as on the dateofher appll(dtron' Hence, thewritpetttion isailor-redand -the rmpugnedorderisset aside .The 3: *:Tio::: :t" djrectedto passappropriate orderson Ihe appllcalron ol it"patitio.t", bytreatino her as notrequlrlngtne ;"dil; oi age iimits,wiii-rintwo months from thedate of receiPtof a -oPY of this order''
Aggrievedby the said order,therespondentstherein{iled W.A.No.69 of 2072and the DivisionBench of this Court confirrned the order Passed by thelearned SingleJudge. Challengingthe same, the matter was carried to ApexCourtand the samewas also dismissed'
Thus, respondentscannot contendthat the petitioner is not entitledfor appointment on compassionate grounds'
In view of the above, the writ petition is allowed and the respondents are directed toprovide employment to thepetitioner on compassionate grounds within two months from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Wnt Petition shall stand closed. "
This Court has carefuliy gone through thejudgment delivered by the learned Single Judge and the G.O.Ms.No.469, dated 08.11.1996. This Court is dealing with the extraordinary situation where aperson who was allegedly helping the State was shotdead by extremists (Naxalites) and now his son is being made to runfrom pillar to post to seek appointment.
This Court does not find any reason tointerfere with the order passed by the learnedSingle Judge. It has aiso been stated by thelearned counsel for the writ petitioner and it is also on record thatnot a single rupee has been received by thewrit petitioner towardsex gratia payment and therefore, this Courtis of the opinion that the order passed bythe learned Single Judgedoes not wa-rrant any interference.
The exercise ofconsideringthe case ofthe respondent No.l/writpetitionerbe concluded within a period of sixtY daYs fromtodaY.
The writ appeal isaccordingly dismissed' The miscellaneous applicationspending in this writ appeal, if
fr-
I
5
any, sha-ll stand closed. There sha,ll be no order as to
costs.
\
SD/. C.V.MALLIKARJUNAVARMA DEPUTY REGISTRAR ,TRUE COPY'
SECTION OFFICER
To, 1. The Principal s()cretary,General Administration(SC-A) Department,stateof Telanaana Secretariat Buildings,Hyderabad 2. The District Collector,KarimnagarDistrict a. f*o bCi io GC ForGeneralAdministration, High Court for the Stateof Telangana. [OUT] 4. One C;C to Sri T. SujanKumar, Advocate (OPUC)
MBCA\ly
TIME LIMIT
HIGH COURT
DATED: 0111212021
C G 1HE S14
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B i t)rc igpt
6iI
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*
JUDGMENT
WA.No.784 of 2016
DISMISSING THE WRIT APPEAL
WITHOUT COSTS
x
t
2 issues framed by the court
Whether the High Court should interfere with the Single Judge's order granting compassionate appointment to a son killed by extremists.
Whether the 16-year age limit at the time of death bars the claim for compassionate appointment.
Muddam Jana Reddy
State of Telangana
District Collector, Karimnagar
Satish Chandra Sharma
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
