Mrs. Rehana Begum Vs The State of Telangana

Mrs. Rehana Begum, Wo Late lMohammed Ghouse, Aged about 37 Years, Occupation Unemployee, R/o H. No. B-14 34l2lc, Miralayam Tank, Ansari Road, Rajednra Nagar 500 052, Ranga Reddy Distrrct, Telangana State.

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.,.PETITIONER

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AND

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1 The State of Telangana, Rws Department, Secretariat, Hyderabad - 500 022, Represented by Principal Secretary.

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2 The Engineer-in-Chief (Mission Bhagiratha), Rws Department, Telangana State, Jalasoudha Buildings, Errummanzil, Hyderabad - 500 086.

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3 The Superintending Engineer, RWS and S, . Mission Bhagiratha Circle, Uppal, Hyderabad - 500 039, Telangana State.

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4 Mrs. Shafeeqa Begum, W/o Not known to petitioner, Aged about 41 Years, Occ. Housewife, R/o H No 13-5-588/4/1 , Yousuf Nag-r, Tappa Chabutra, Hyderabad - 500 006, T.S.

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...RESPONDENTS

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Petrtion under Article 226 of lhe 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 particularly a Writ, of lvlandamus directing the respondents to 1 to 3 to release the amount payable consequent to death of petitioners husband [/r. Mohemmad Ghouse, Office. Subordinate, O/o Executive Engineer, Vig and QC Division, lvlission Bhagiratha, Hyderabad and also to consider the case of the petitioner for compassionate appointment forthwith as she rs facing lot of financial problem due to sudden death of her husband

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lA NO: 1 OF 2022

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ld Petition under Section i 51 CpC praying that in t,t crrcu mstances stated in the affidavit filed in support of the petitron, the High 1:rurt may be pleased to direct the respondents 1 to 3 to consider the c;rs,, of the petitioner for compassionate appointment forthwith to any post for wh rc .r she is entitled pending disposal of wr t petrtion.

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Counsel for the petitioner : SRI T.p.ACHARYA

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Counsel for the Respondents No.1to3 : Gp FOR SERVTC=S , Counsel for the Respondents No.4 : _-

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The Court made the following: ORDER

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THE HON'BLE MRS. JUSTICE SUREPALLI NANDA

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WRIT PETITION No.19566 oF 2022

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ORDER

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Heard Sri T.P.Acharya, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-Il appearing on behalf of the respondent Nos.1 to 3.

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2, The oetitio ner aoDroached the Court seekino Draver

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as under:

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"...to issue a Writ, Order or Direction particularly a Writ, of Mandamus directing the respondents to 1to 3 to release the amount payable consequent to death of petitioners husband Mr. Mohemmad Ghouse, Office. Subordinate, O/o Executive Engineer, Vig and QC Division, Mission Bhagiratha, Hyderabad and also to consider the case of the petitioner for compassionate appointment forthwith as she is facing lot of financial problem due to sudden death of her husband and pass..."

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The case of the oetitioner. in brief. as Der the

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averments made in the affidavit filed bv the oetitioner in

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suDDort of the oresent Writ Petition is as under:

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l) The petitioner's husband Mohd. Ghouse was working as Office Subordinate in the office of the Executive Engineer, Vig &

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xt

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2

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SN,J W, P. No.19566 of 2022

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QC^{Division,MissionBhagiratha,Hyderabadanl died in service} on 14-72-2079

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ii) The petitioner's first wife, has two daughtr:' s and has also been raising a boy, Mohammed Saif, since .2i)11. After her husband's death ihe petitioner applied for :ompassionate appointment and settlement of benefits. Subsequently, respondent No.4 claimed to be the second wife ol the deceased, sought a share in the benefits, and also clarl.ed custody of Mohammed Saif

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iii) The petitioner, being the legally wedded wif:: and nominee, submitted a representation to the respondents d,aled 06.03.2020 requesting to release at least 50% of the bt,r.efits and for consideration oF the case of the petitioner for :om passionate appointment, as the petitioner is facing fina'rcial hardship. Aggrieved by the inaction of the respondents, tf^(, petitioner has filed the present writ petition.

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4 PERUSE D TEH RECORD:

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A) The relevant Dortion of the represen l:ation of the petitioner dated O6.O3.2O2 Oa dd ressed to ttre resD ond ent

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SN,J W.P.No.19566 of 2022

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No.3-the Suoerintendino

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lw

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Enoineer, RWS&S. Mission

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Bhao iratha, Uooal. vderabad is xtra cted hereunder:

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"l Smt. Rahana Begum Begum W/o Mohd Ghouse, Office Subordinate, O/o Executive Engineer, Vi9&eC Division, Mission Bhagiratha, Hyderabad, submit the following few lines for kind consideration and favourable ord e rs.

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i submit that my husband l.4ohd Ghouse, working as Office Subordinate, O/o Executive Engineer, Viq&QC Division, Mission Bhagiratha; Hyderabad proceed on medical Ieave 16.04.2079 to \4.12.2O19 and expired on f4.72.2079 while in service. In this connection I am to submit that I have passed 6th class and having 36 years and No earning member in my family. Therefore I request sir, kindly appoint me on compassionate ground to the eligible post, the necessary certificate are herewith enclose.

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I would ever be thankful and grateful to you sir for your kind consideration and favourable orders."

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DISCUSSI oNA ND CONCLUSION:

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The limited relief as sought for by the petitioner in the present writ petition is a direction to the respondent No.3 herein to consider the representation of the petitioner dated 06.03.2020 addressed to the respondent No.3 seeking employment on compassionate grounds to the petitioner herein as legally wedded wife of the deceased employee late Mohammed Ghouse.

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sN,l W.P No.19566 of 2022

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It is the specific case of the^{petitionerthal the petitioner's} husband had proceeded on medical leave during^period 16.04.2019 to 14.12.2019 and expired on 14.I^{,1,2019 while in} service and further that the^{petitionerhad pasl:t:d 6ti class and} therefore, the^petitioner seeks consideration of l)etitioner's^case for appointment on compassionate^grounds, sirlce^petitioner's late husband had rendered three decades of :;ervice for^the respondents h erein.

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Learned Assistant Government Pleader s;trbmits that the representation of the petitioner dated 06.03.il020 had been acknowledged by the office of the responrlent No.3^on 06.03.2020 itself and the same could be directec to be disposed of in accordance to law, within a reasonable^perir)i).

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The said submission of the learrred Assistant Government Pleader appearing on be half of the respondents is not disputed by the learned counsel appearing on behalf of the petitioner.

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The object of compassionate appointm ent is a social security measure to support the family of the deceased government servant, who dies in harness. The aim and

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)

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SN,J W.P.No.19566 of 2022

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object of the policy for compassionate appointment is to provide financial support to the family of the deceased employee, who left the dependents in distress and penury. The core aim of the object of providing compassionate appointment is to relieve the family from financial sufferings being faced for the sudden demise of the Bread Winner of the family. The sufferings being faced by the dependents of the deceased employee for sudden demise of the Bread Winner could be solved for some extent by providing compassionate appointment to one of the dependents of the deceased employee to look after the family. Hence, this Court opines that the request of the petitioner seeking compassionate appoantment needs to be considered by the respondents in accordance to law, within a reasonable period.

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1O. TAKING INTO CONSIDERATION:

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a) The aforesaid facts and circumstances of the case,

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b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned

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SN,J 'W P.No.19566 of 2022

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Assistant Government Pleader for Service:s-II appearing on behalf of the respondent Nos.1 to 3,

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c) The contents of the petitioner's repre!;entation^dated 06.03.2020 seeking compassionate appointment of^the petitioner herein having been acknowledg'::d by the office of the respondent No.3 on 06.03.2020 itself and the^same had not been considered by the re!;pondent^No.3 herein(referred to and extracted above),

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The writ Detition is dis osed of directin th resoondent No.3 to consider the orir:lvance of^the oetitioner as Dut forth vide Detitto ner sre resent n dated 06.0 3.2O2O. which had been^{ackno,arledqedbv the} office of the resoondent No.3 on 060 2 20 itself pertaininq to the aooointment of the petitioner on comDassron ate orounds dulv ta ino into^{cr:rnsideration the} obiect of he scheme of comoassionate iroooint^{ment, in} accorda n ce to law as Der the relevant^{rulers in foreason} date, and in conformitv with the^p rincioles of^natural iustice bv orovidinq an opportunitv of^{peli;onal hearino to} the^petitioner dulv examininq all the relerrant do^uments

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SN,J W.P.No-19566 of 2022

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rn s UDD ort of Detitioner's case and bv issuino notice to all concerned and Dass aoorooriate orders on the said reDresentation dated 06.03.2020 of the petitio ner addressed to the resoondent No.3 herein within a period of four(4) weeks from the date of receiDt of a coov of this order and dulv communicate the decision to the Detitioner. However. there shall be no order as to costs.

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lu'liscellaneous petitions, if any, pending in this Writ Petition, shall stand closed

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SD/-A. .S. GOWRI SHANKAR S ISTANT REGIS

//TRUE COPY//

ECTION OFFICER

To,