Allowed

R. Lakshmi Devi v. The State of Telangana

Telangana HC8 Jun 2023WP/38991/2018

Case brief

AI extract

What is this about?

Widow filed writ petition seeking compassionate appointment in Telangana for her husband, who died while employed in Andhra Pradesh before bifurcation. High Court acknowledged humanitarian issues, overruled domicile-based denial, and directed Telangana to consider her case de novo.

What did the court decide?

Writ allowed; memo dated 20.09.2018 set aside; Respondent No. 1 directed to consider petitioner's case afresh for compassionate appointment within two months.

R. Lakshmi Devi Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2023)

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[³³¹¹ ]

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HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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WRIT PETITION NO: 38991 OF 2O1a

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Between:

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R. Lakshmi Devi, W/o Late R. Eswaraiah^(HCl38 of SARCPL), H.No.02-04-121/38, Swaroopnagar, Uppal Khalsa, Uppal^(mandal), Ranga Reddy District.

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...PETITIONER

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AND

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The State of Telangana, rep.its Principal Secretary, Home(SER.ll) Department, Telangana Secretariat, Hyderabad.

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The Director General of Police, Hyderabad, Telangana State.

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The Director General of Anti-Corruption Bureau, Telangana State, Hyderabad.

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The Asst. Director (Admn), Anti- Corruption Bureau, Telangana State, Hyderabad.

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The Commandant, SAR CPL, Telangana, Amberpet, Hyderabad^- 500013

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The Commissioner of Police, Hyderabad City at Basheerbagh,^Hyderabad

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The Commandant , SAR CPL, A.P., at Amberpet, Hyderabad

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B. The State of A.P., Rep by the Principal Secretary, Home Department, Building 1, Secretariat, Velagapudi, Guntur Dist, Andhra Pradesh.

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The Director General of Police, Andhra Pradesh, GJSJMH9, Vuckinghampeta, Vijayawada -520002

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(RR 5 to 9 are impleaded as per C.O dt 09/01/2023 in l.A 1l 2022)

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...RESPONDENTS

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Petition Under Article 226 of lhe Constitution^{of lndia prayingthat in the} circumstances stated in the affidavit filed^therewith, the^{High Courtmay be} pleased to issue a writ or order or direction especially one in the nature of^{Writ of}

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lVlandamus to declare the impugned^{t\4emo.No.6822lSer.lllA2l2017dt.20-09-} 2018 of the 1st respondent whereby depriving the^{legitimateclaim of the} petitioner for compassionate appointment on flimsy reason and^{forwarding the} same to the A.P. Government despite the^{fact the deceased employeedied as} employee of State of Telangana and family^{pension is being paid by the State} Telangana Government and set aside^{the same as illegal, arbitrary,and contrary} to the Memo.Nc.28967lSer.G12004-1^{dt.05-06-2004 and opposed to the} principles of natural .justice and consequently hold that the^{petitioner is entitled} to be appointed to any suitable^post on^{compassionateground in Stateof} Telangana with all consequential^benefits.

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i.A.NO:1 OF 2018

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Petition Under Section^'1 51 CPC^{praying that in the circumstancesstated} in the affidavit filed in support^{of the petition, the High Court may be pleased to} direct the respondent to consider^{the caseof the petitioner for compassionate} appointment in terms of Memo.^{No.28967/Ser.G/2004-1 dt.05-06-2004in any one} of the existing vacancies^{by taking account the C.No.4458 lA212016dt.'13-05-} 2016 of the Director, ACB, by^{suspendingtheimpugned} Memo.No.6822 lSer.lltA2l2O17 dt.20-09-20'18^{1st respondent pending disposalof} the above writ^petition.

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Counsel for the Petitioner : SRI.B.SUBASH

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Counsel for the Respondent^{Nos.1to 7 : SRI'M.V.RAMARAO (SPL.} GOVERNMENT PLEADER)

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Counsel for the Respondent^{Nos.8 & 9 : SRI.P.GOVIND REDDY (SPL.} GOVERNMENT PLEADER)

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The Court made the following ORDER

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././

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,/ t^

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THE HON'BLE THE CHIEF JUS^{TICE UJJAL BHUYAN}

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AND

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THE HON'BLE SRI JUSTICE^{N. TUKARAMJI}

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WRIT PETITION No.38991 of^2O18

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ORDER: (Per the Hon'ble the Chief Justice^{Uijal Bhugan)}

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Heard Mr. B.Subash, learned counsel^{for the petitioner;} Mr. M.V.Rama Rao, learned Special Government^{Pleader for the} State of Telangana; and Mr. P.Govind Reddy,^{learnedSpecial} Counsel for the State olAndhra Pradesh.

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By frling this petition under Article 226 of^the Constitution of India, petitioner seeks quashing of^{memo dated} 20.O9.2OlB passed by the Principal Secretary to^{the Government} of Telangana, Home (Services-Il) Department and further^{seeks a} direction to the respondents to consider her^{case for} appointment in a commensurate post in the State of^Telangana on compassionate ground.

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Petitioner before us is a widow. According to her, her husband R.Eswaraiah was appointed as Police Constableⁱⁿ Special Armed Reserved Central Police Lines^(SARCPL),

, ,

2 HC] & NTRJ W. P.No.38991 of 2018

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Amberpet, H1'dcrabad on 03.06.1984 against a regular vacancy He was sent on deputation tr-r the office of the Director General of Police (Anti Corruptior-r Bur-eaul. While on deputation, he was promoted as Hoad Constablc on 03.04.2012 and posted in the office of Director General of l']o1ice (Anti-Corruption Bureau). While rvorking as such, due to il1-health petitioner's husband died in harness on 25.O7 .2O1 .)

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On the death ol l-rer husband, petltioner being his widor,t, ald depr:ndant along ri'ith two minor children made an application clated 03.01 .2014 before the Director General of Police (Anti-Corruption Bureau), Hyderabad seeking compassionate appointment. It appears that subsequent events over which the petitioner had r-ro control completely overtook her. On 02.06.2O14, the composite State of Andhra Pradesh was bifurcated^jn terms of thc Andhra Pradesh Reorganization Act, 2014,leading to creation of the new State of Telangana and the residuary' St-ate of Andhra Pradesh. It was thereaJter that petitioner submitted fresh rcpresentation dated 18.O5.2O17 before the Director General of police, Telangana seeking compassionate appointmenr. lt appears that representation of

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I I

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HCJ & NTRJ W.P.No.38991 of 2018

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the petitioner was forwarded^{by the office of the DirectorGeneral} of Police, Telangana on^{21.12.2017whereafter Principa-I} Secretar5r passed the impugned^{order dated 20.O9.2018} declining the request of the^{petitioner for compassionate} appointment and requesting the Director^{General of Police,} Telangana to forward the representation of the^{petitionerto the} Director Genera-l of Police, Andhra Pradesh.

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As per the order dated 20.O9.2018,^eligible dependants of deceased Government employee^who had^expired on or after 02.06.2014 and allocated to the State of^Telangana by the Government of India would be provided compassionate appointment in the State of Telangana. Insofar the^presentcase is concerned, petitioner's husband was working in^SARCPL under non-local quota whereafter^he was sent on^deputationto Anti-Corruption Bureau where he expired before bifurcation^of the State. From his certificates, it is^{discernible that he} belonged to Kurnool District of Andhra Pradesh.^{Petitioneralso} appeared to be non-local by virtue of her study^{certificates,her} local status being in Andhra Pradesh.^{Therefore,State of} Telgngana declined to consider the^{request of the petitioner.}

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I I

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4 HC,I & N'I'R,] W.P.No.38991 of 201 8

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Learned counsel lor the petitioner has drarvn the attention of the Court to nr( nrc dated 05.06.2004 issued by the then Government of ,\ndhra Pradesh providing for compassionate appointment to the dependalts of deceased Government emplo5ress. ]-{e submits that in case of widow of deceased Government crnployee seeking compassionate appointment, her appointm cnt can be made in any district according to the choice o1' the widow of the Government employee. He submits t hat post bifurcation, the aforesaid sctreme ol corrrpassionate appointment frarned by the erstwhile Government of Andhra Pra<lesh has been continued by the Government of Telargana. [Je further submits that fol]ou,ing the death of her husband, petrtioner is in receipt of family pension from the State oi Telangana

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Learr-red Special^(iovernment Pleader for the State of Telangana has -rustified thr: rnemo dated 20.09.20 18. He also clarifies that payment of farnill, pension by the Government of Telangana to thr: petitioner u,ould be no indicator to the fact that 'State of Telar-rgana has acc:epted the dornicile status of the petitioner and herr late husband.

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HC] & NTRJ W.P.No.38991 of 2018

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Mr. P.Govind Reddy,^{learned Special Counsel for the} State of Andhra Pradesh submits that^{though this case is} pending since the year 2018, State of Andhra Pradesh has^not filed counter affidavit. However, if the Court directs State of Andhra Pradesh would come forward and consider the^{prayer of} the petitioner for compassionate appointment.

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9 . We appreciate the fair stand taken by learned Special Counsel for the State of Andhra Pradesh. What we have before us is a humalitarian issue. It is unfortunate that because of subsequent events, petitioner has virtually landed up in a 'no man's territory'. Before the composite State was bifurcated, her husbard served in SARCPL and thereafter on deputation in the Anti-Corruption Bureau in the Office of Director General of Police, Andhra Pradesh. He died in harness on25.07.2013. On 02.06.2014, the composite State was bifurcated. While the documents of the deceased may indicate that he may have belonged to the Kurnool District of the Andhra Pradesh, but the fact remains that he served in Hvderabad and had died before the State was bifurcated. Petitioner has also been paid family^I pension by the State of Telangana. In a case of this nature,^we

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6 HCJ & NTR.J W.P.Nct.38991 of 2018

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are of the vie\, that technicz ities should not come in the way of a ciLrzer, seeking^justice. Petitioner, a widow, 1S seeking compassionatc appoinLmenl for the last ten^years, which has turned out to tre most eirtsivc. We have heen informed at the Bar that she has studied on.]' upto Class V and in all^probability can only claim tr Grade-IV^r:rnp)oyment

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in the circumst.irlces of the case,^{we do} not^subscribe to the vievv taken by the Principal^{Secretaryto the Government} of Telangana in the memo dated 20.09.2018.^{A case of this} nature is required to bc trci.rled^tn a^{humane manner}

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1 1. Considering the zrbove, w'e set aside the^{memo dated} 20.O9.2018 and direct respondent No. i to consider^{afresh the} case of the petitione r lor compassionate^appointment lna commensurate post. Let 1,he above exercise be carried^out within a period of t'"vo (02) nronths from the date of receipt of a copy of this order. t,et the consequential decision taken be communicated to the petitiorrer

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Writ Pctition is ar:cordingly allowed. Horvever, there shall be no order as to costs.

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HCJ & NTRJ W.P.No.3899l of 2018

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As a sequel, miscellaneous petitions,^pending if^any,

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shall stand closed

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//TRUE COPY/I

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SD/. C. PRAVEEN KUMAR ASSISTANT BEG]STRAR LJT)

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SECTION OFFICER

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The Principal Secretary, Home^(SER.ll) Department,^{Telangana Secretariat,} State of Telangana at Hyderabad.

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The Director General of Police, Hyderabad,^{TelanganaState.}

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The Director General of Anti-Corruption Bureau,^{Telangana State, Hyderabdd.}

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The Asst. Director (Admn), Anti- Corruption^{Bureau, TelanganaState,} Hyderabad.

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The Commandant, SAR CPL, Telangana,^{Amberpet, Hyderabad- 500013}

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The Commissioner of Police, Hyderabad^{City at Basheerbagh,Hyderabad.}

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The Commandant , SAR CPL, A.P. at Amberpet,^Hyderabad.

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The Principal Secretary, Home Department, Building^1, Secretariat, Velagapudi, Guntur Dist, State of A.P., Andhra Pradesh.

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The Director General of Police, Andhra Pradesh,^{GJSJMH9,Vuckinghampeta,} Vijayawada -520002.

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10.One CC to SRI.B.SUBASH, Advocate [OPUC]

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One CC to SRI.M.V.RAMA RAO^(SPL. GOVERNMENT^PLEADER) IOPUCI 12.One CC to SRI.P.GOVIND REDDY^(SPL. GOVERNMENT^PLEADER) 13.Two CD Copies

S.A

GJP

HIGH COURT

DATED:0810612023

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ORqER

WP.No.38991 of 2018

ALLOWING THE W.P

WITHOUT COSTS.

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R. Lakshmi Devi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

R. Lakshmi Devi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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