Disposed

Gedam Neelima v. The State of Telangana

Telangana HC4 Mar 2024WP/5158/2024

Case brief

AI extract

What is this about?

The single judge disposed of a writ petition under Article 226 seeking compassionate employment and death benefits. The court directed the respondents to expedite the pending representation for compassionate employment within six weeks without adjudicating substantive merits.

What did the court decide?

Direction to respondents to consider the pending representation dated 19.06.2023 for compassionate employment and death benefits and pass appropriate orders within six weeks.

Gedam Neelima Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2024)

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[³³⁰¹ ]

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

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IUONDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITI ON NO:5158 oF 2024

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Between:

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Gedam Neelima, W/o. Late G.{j.am Vijay Kumar Aged about 30 years, Occ: Housewife R/o. H.No. r_as, shivaghSt',, x,irinr'ir,irii, y;r;r,-b-;;-M;";;, Adilabad District.

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...PETITIONER

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AND

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1 The State of Telangana, R9p,, by its principal Secretary, Tribal Welfare Department, Secrelariat auiidings, Hyderabad.

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2 Ilg ?role!!^{Officer, tntegrated Tribat Development} Agency (|TDA) Utnoor, Adilabad District.

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3 The District Collector, Nirmal District.

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4 The District Tribal Welfare Officer, Nirmal District.

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5 The District Tribal Development Officer, Nirmal District.

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...RESPONDENTS

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Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the aff idavit fired therewith, the High 'CJr.t ,rv^'0" pleased to issue an order or direction more particurarry one in the nature oi writ of Mandamus declaring the action of the respondents in not providing compassionate employment to the petitioner in prace of her deceased husband namely late Gedam Vijay Kumar and not rereasing death .benefits to the petitioner, as contrary to raw, iflegar, without jurisdiction, viorative of Articre 14 and 21 of the constitution of lndia and consequently direct the respondents to provide compassionate employment to the petitioner and release all pensionary benefits to the petitioner by considering the representation dated 1g.06.2023.

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lA NO: 1 OF 20 24

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Petition under Section 151 CpC praying that in the circumstances stated in the .affidavit fited in support of the peiitio;, ih" frign C"r,t ;;; ;'rEr"j " direct the respondents lo provide compassionale emproyment to the petitroner by considering the representation dated 19.06.2023 h accordance with raw, with a consequential benefits, and pass such orders as this HonoraOf" l"r.t r"V'i"u, fit and proper in the interest of justice pending orsposat of the above wrii plt,tr"

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Counsel for the^petitioner: SRI ALLTKA SURESH

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Counsel for the Respondents: Gp FOR SERVICES ll

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE PULLA I(ARTHIK

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WRIT PETITION No.5158 OF 2024

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ORDER:

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This Writ Petition is filed under Article 226 of Constitution^of

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lndia seeking the following relief

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"...to issue an order or direction more^{particularlyone in} the nature of utnt of Mandamus declaing the action^{of the} respondents in not prouiding compassionate emplogment to the petitioner in place of her deceosed^{lrusbandnamelg} late Gedam Vijag Kumar and not^{releasingdeathbenefits} to the petitioner as contrary to lau, illegal,^without jurisdiction, uiolatiue of Article 1 4 and 2 1 of the Constitution of India and consequentlg direct^the respondents to prouide compassionate employment^{to the} petitioner ond release all pensionary benefits to^tLe petitioner by considering the representation, dated 1 9. 06.2023 and pass..."

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This Writ Petition is being disposed of, at the admission stage, with the consent of both the^parties.

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Heard Sri A.Suresh, learned counsel appearing^{on behalf of} the petitioner and learned Government^{Pleader for Services-Il} appearing on behalf of the respondents.

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Learned counsel for the petitioner submits that the pehtioner's husband was appointed as Cook in^respondents- Department on compassionate^{groundsuideproceedings,dated} 09.04.20I5 and he^joined the services on^{13.O4.2015. While in} service, the^{petitioner's husbanddied on 25.09.2022 due to ill-}

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health leaving behind the petitioner and his mother, u,ho is aged about 51 yearsr as his legat heirs. Therefore, the petitioner has made a representation, dated 19.06.2023 before the respondents with a request to provide compassionate employment to her in place of hcr deceased husband and the same is pending consideration. Hence, the learned counsel has submitted that, it would be suffice, if the respondents are directed to dispose of the representation, dated 19 .06.2023 submitted by the petitioner, at the earliest.

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5, Learned Government pleader appearing on behalf of respondents submits that the respondents lvill consider the representation of the petitioner, dated 1g.06.2023 and pass appropriate orders, in accordance u,ith law.

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Having regard to thc submissions made by the learned counsel for the respective counsel and since the representation, dated 19.06.2023 filed by the petitioner is pending consideration before the respondents, without going into the merits of the case, the Writ Petition is disposed of with a direction to the respondents to consider the representation of the petitioner, dated 1g.06.2023 and pass appropriate orders, stric[ly in accordance with law, as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy ol this order and

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communicate a copy thereof to the^petitioner. There shall be no

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order as to costs

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Miscelianeous petitions pending, if any, shall stand closed

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SD/- V. HARI PRASAD ASSISTANT REGI R

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//TRUE COPY//

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SECTION OFFICER

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To, 1. The Principal Secretary,^{Tribal Welfare Department, The State of Telangana,} Secretariat Buildings,^Hyderabad.

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z. inJ Fi"i"Ctbnicei^{lntegrated Tribal Development Agency (ITDA)Utnoor,} Adilabad District.

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The District^{Colletor, NirmalDistrict.}

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The District Tribal^{Welfare Officer' Nirmal District'}

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The District^{Tribal Development Officer, Nirmal District'}

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O. One CC to SRI^{ALLIKA SURESH, Advocate} [OPUC]

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Two CCs to GP^{FORSERVICESll, HighCourt for the State ot lelangana'} tourl

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Two CD Copies

GJP

HIGH COURT

DATED:0410312024

ORDER

WP.No.5158 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Gedam Neelima v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Gedam Neelima v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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