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2023 Supreme(Telangana) 34

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Surepalli Nanda, J.
P. Naveen Kumar - Petitioner
Versus
The State of Telangana and others - Respondents
W.P. No. 9542 of 2019
Decided On : 05-06-2023

Advocates:
Advocate Appeared:
For the Petitioner: Mr C.Praveen Kumar

Headnote:

Constitution of India, 1950 - Article 14, 15, 16 & 21 - Village Revenue Assistant Service Rules - Rule 8(3) - Grant compassionate employment - Misused powers - Issue a Writ of Mandamus declaring proceedings issued by 4th Respondent vide Procgs as illegal, arbitrary, against principles of natural justice and legitimate expectation, fair play and to quash/set aside same - Held, Court opines Petitioner resident of District no way related to family of deceased employee report of concerned on record clearly indicates that due procedure had been followed Respondent had been appointed on compassionate grounds Village Revenue Assistant Service Rules - Court further opines compassionate appointment is an exception to general rule of appointment favour of dependents of deceased dying in harness and leaving his family in penury and without any means of livelihood and in such cases out of pure humanitarian consideration taking into consideration of fact that unless some source of livelihood is provided - Writ petition dismissed.

ORDER :

Heard the learned counsel for the Petitioner and the learned Government Pleader for Services I and counsel for the unofficial respondents.

2. The Writ Petition is filed to issue a Writ of Mandamus declaring the proceedings issued by the 4th Respondent vide Procgs No. A/1740/2018 dated 24.09.2018, as illegal, arbitrary, against the principles of natural justice and legitimate expectation, fair play and in violation of Article 14, 15, 16 & 21 of the Constitution of India and to quash/set aside the same.

3. The Case of the Petitioner, in brief, is as follows:

a) That one Mr. D. Ramaiah S/o. Lakshmaiah used to work as Village Revenue Assistant of Chowdapur Village, Kulkacherla Mandal, Vikarabad and he died during his employment on 02.08.2018 resulting in a vacancy for VRA in Chowdapur Village, Kulkacherla Mandal, Vikarabad District.

b) The Petitioner herein is the resident of Chowdapur Village and he has all the qualification and eligibility to be appointed as VRA for Chowdapur Village, Kulkacherla Mandal, Vikarabad District and as such, he had made application to the 4th respondent seeking to appoint the Petitioner as VRA.

c) The 4th respondent even after receipt of application from the Petitioner had not passed any orders and the petitioner left with no other alternative made an application to the 2nd respondent on 17.09.2018 seeking to be appointed as VRA, as he possessed all eligible qualification to be appointed as VRA. From then on, the petitioner has been continuously roaming around the office of 2nd respondent seeking to pass orders appointing him as VRA but 2nd respondent has not passed any orders. d) While matter stood thus, the 4th respondent issued proceedings vide ProcgsNo.A/1740/2018 dated 24.09.2018 appointing the 5th respondent VRA for chowdrapur village, Kulkacherla Mandal Vikarabad district on compassionate grounds and the petitioner upon the knowledge of the said fact had approached the 4th respondent but the 4th respondent didn’t give any reply instead stated that he can do whatever he wants.

e) The 5th respondent herein was married to Mr.Mallaiah in the year 2000 and started living with her husband at Lingampally village Vikarabad district and the family of the 5th respondent is financially well settled and is living happily after the marriage. From that day onwards the 5th respondent did not have any relation with Chowdapur Village and that even the name of the 5th respondent was removed from Chowdapur Village voter list and has been added to Lingampally voter list vide voter ID No. WLE0329433 and despite all this, the 4th respondent without taking into consideration the application made by the petitioner had simply passed the orders appointing 5th respondent on compassionate grounds.

f) Mr.Yadaiah approached the Junior Civil Judge cum Chairperson Mandal Legal Services Committee, Parigi challenging the action of the 4th respondent and to look into the matter and to do justice and the 4th Respondent was issued notice. The 4th respondent herein had submitted his report stating that he has received NOC from other legal heirs of D. Ramaiah and issued notice calling for objections and since no obligations were received, the 5th respondent was appointed as VRA of Chowdapur village, Vikarabad district and stated nothing about the application of the petitioner and about the residence of the 5th respondent.

g) The 4th respondent herein, in active collusion with the 5th respondent had misused his powers and without following due procedure established under law passed orders and gave appointment orders to his well-wishers which are completely contrary to law illegal and against principles of natural justice and moreover the 4th respondent without assigning any valid reason, when there were different persons available to the post of VRA appointed 5th respondent as VRA of Chowdapur village, Vikarabad district and had d

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