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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
Chintala Seetharavamma, Khammam District – Appellant
Versus
General Manager,Hyd – Respondent
ORDER:
NAMAVARAPU RAJESHWAR RAO, J.
This Writ Petition is filed to declare the action of respondent Nos.1 to 5 in not taking action against the 6th respondent for his removal from service and not considering the petitioner’s case for appointment under compassionate rules as illegal and arbitrary.
2. The brief facts of the case are as follows :-
(a) The petitioner’s husband, Chintala Venkateshwarlu, while working as a J.P.A. Helper in KTPS Station, Palvoncha, died in a road accident on 27.12.1998. The petitioner and her two daughters, viz., Nagamani and Renuka, are the only legal heirs of the deceased. After the death of her husband, the petitioner sought death benefits and made an application to the respondents seeking compassionate appointment to her or to her daughters. Despite repeated requests, the respondent authorities did not consider her application. Subsequently, she came to know that the 6th respondent, Venkaiah, who is not the son of her husband, was appointed under the compassionate appointment scheme.
(b) The petitioner made several representations to the respondent authorities to conduct enquiry and remove the 6th respondent from service. Though the respondent authorities
Consent provided by the claimant for compassionate appointment is binding, and claims raised after a significant delay lack merit.
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
Compassionate appointments must be evaluated with a humanitarian approach, especially for minors at the time of the employee's death, and rigid application of time limits is not appropriate.
Compassionate appointment is intended for immediate relief in case of death of a breadwinner, and applications must be timely; delays undermine claims for such appointments.
Compassionate appointment claims must be filed within statutory time limits; delays undermine the right to appointment.
Compassionate appointments should prioritize alleviating family distress over strict adherence to procedural technicalities.
Point of law: In the case of appointment considering the social and economic justice as enshrined in the constitution, denials of deserving cases are liable to be set aside. Further, the purpose of p....
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