Disposed

B. Lalitha v. The District Collector

Telangana HC28 Dec 2023WP/34859/2023

Case brief

AI extract

What is this about?

A writ petition seeking compassionate appointment for the petitioner in her deceased husband's place was disposed of at the admission stage. The High Court directed the respondents to consider pending representations and pass orders within six weeks under the relevant Government Order.

What did the court decide?

Direction to the respondents to consider petitioner's representations and pass appropriate orders within six weeks regarding compassionate appointment.

B. Lalitha Vs The District Collector — Service and Employment | Telangana HC (2023)

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[³³⁰¹ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY ,THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION NO: 34859 OF 2023

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Between:

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B. Lalitha, Wo. Venkataiah (Late) Age. 38 years, Occ. House Wife Rl/o. H. No. 2-86, Begumpet, Rajapet (M), Begumpet, Nalgonda District.

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...PETITIONER

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AND

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The District Collector, Yadadri Bhongiri, Yadadri Bhongiri District.

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The Dist Tribal Development Officer, Nalgonda, Nalgonda District. 3. The Dist Tribal Development Officer, Yadadri Bhongiri District, 4. The State of Telangana, rep. by its Principal Secretary, Tribal Welfare Department secretariat' Hyderabad'

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...RES'.NDENT'

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more pa(icularly one in the nature of Writ of MANDAMUS. A) To declare the entire action of the respondents, particularly the actlon of the respondents 1, 2^-and 3 in not considering the genuine claim of the petitioner for appointment in any suitable post in the place of his deceased father, who expired on '14-5-2O19, while working as daily wage employee, at Govt Tribal Welfare Eoys Hostel, Madhapur ie., under the control of 3rd respondent, inspite of repeated representations dated.23-4-2019 and 4-7 -2023 is as highly illegal, arbitrary, unjust, improper, contrary to scheme vide G.O.Ms.No. 118 F & P (FW.PC lll) Dept., dated 18.08.1999. B) And consequently to direct the respondents to forthwith consider the claim of the petitioner for appointment under the scheme of compassionate grounds in the place of diseased husband in a suitable post in terms of G.O.Ms.No. 118 F & P (FW.PC lll) Dept., dated 18.08.1999, by duly considering the representations made by the petitioner dated.23-4-2O19 and 4-7-2O23 made to the 1st and 3rd

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respondent in terms of G.O.Ms.No. 118 F & p (FW.pC llt) Dept., dated 18.08. 1999

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IA NO 10F 2023

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petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to forthwith consider the craim of the petitioner for appointment under the scheme of compassionate grounds in the prace of diseased husband in a suitabre post in terms of G.o.Ms.No. 11g F & p (FW.pc lll) Dept., dated 1g.0g.1999, by duly considering the representations made by the petitioner dated '23-4-201g and 4-7 -2023 madeto the 1st and 3rd respondent in terms of G.O.Ms.No. 118 F & p (FW.pC ilt) Dept., dared 18.08.1999

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Counsel for the petitioner: SRt. SANTHA'UR SAT,ANARA'ANA RAO Counsel for the Respondents: Gp FOR SERVICES V

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The Courl at the admission stage made the following: ORDER

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! \

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t I

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THE HONOURABLE SRI JUSTICE^{PULLAI(ARTHIK}

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WRIT PETITION No.34859 OF 2o23

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ORDER:

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This Writ Petition is filed^{seeking todeclare the action of the} respondents in not considering^{the claim of the petitioner for appointmentin} any suitable post, on compassionate^{grounds, in terms of G.O.Ms.No'118,} Finence and Planning^{(FW.PC.nl)Department,dated18.08.1999,as illegal,} arbitrary and unjust, and^{consequently,to direct the respondentsto} forthwith consider her claim for appointment^{on compassionate grounds.}

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This writ petition is being disposed of^{with the consentof both the} parties.

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Heard Sri S. Satyanarayana Rao, learned^{counsel appearingfor the} petitioner and learned Government Pleader for^{Services-V,appearing for} respondent Nos.l to 4.

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Learned counsel for the^petitioner submitted that the^petitioner's husband, who worked as a Daily-Wage worker in^{tlre GovernmentST Boys} Hostel, Madhapur, has expired on O3.O4.2O18. Consequent upon^his demise, the petitioner, being the legal heir and an unemployed^person, submitted her representations to the respondents on^{23.04.2019and} O4.O7.2023, seeking compassionate appointment.^However, the^said representations are still pending before the respondents. Therefore, learned counsel for the petitioner prayed this Court to direct the respondents to consider her case in terms of G.O.Ms.No. 1 18, dated 18.08.1999.

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PK,I wp_34859_2023 5. L,earned Government^pleader for Services_V submitted that the respondents will consider the representations of the petitioner and dispose of ttre same in accordance with law.

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Having regard to the fact that considerable amount of time has elapsed since the death of petitioner's husband and representations of the petitioner are still pending with the respondents, without going into merits of the case, the writ Petition is disposed of at admission stage, with a direction to the respondents to consider the representations of the petitioner, dated 23.04-2019 and 04.o7.2023, and pass appropriate orders thereon in terms of G.o.Ms.No. I18, dated 18.o8. r999, within a period of six (o6) weeks from the date of receipt of a copy of this order, and communicate a copy thereof to the petitioner.

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Miscellaheous applications, if any, pending in this writ petition, shall stand closed. No costs.

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SD/- N.SRIHAR] ASSTSTANT REGIS]IRAR

//TRUE COPY//

L/'/ SECTloIfOFFtCER

To,

The District Collector,^{Yadadri Bhongiri, Yadadri Bhongiri District'} . . i. iiie Diitrict^{Tribal Developmentofficer, Nalgonda.NalgondaDistrict'} 5. fne Oistrict^{Tribal Develdpment Officer, Yadadri BhongiriDistrict'} +. iiie^prlncipal Secretary,^{T;ibal Welfare Department Secretariat,} s. iw6'cbito T.S.,Hyderabad.^-Gp ron^{SERV|CESV ,High court for the State of Telangana,at} Hyderabad {OUTI

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ifi;-cC 6'snr.' Sar.rrnnp^{u R sATYANARAYANARAo, Advocate[oPUc]} 7. Two CD CoPies

B M GJ

HIGH COURT

DATED:28 11212023

ORDER

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WP.No.34859 of 2023

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DISPOSING OF THE WRIT PETITION AT THE ADMISSIoN STAGE WITHOUT COSTS

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B. Lalitha v. The District Collector

Case brief

What is this about?

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B. Lalitha v. The District Collector

Case brief

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