HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.33148 OF 2023

ORDER:

Heard Sri Arvind Kumar Kata, learned counsel appearing on behalf of the petitioner, Sri G. Narender Reddy, learned Standing Counsel for Hyderabad Metropolitan Water Supply and Sewerage Board, appearing on behalf of respondent No.1 and learned Assistant Government Pleader for Services-I I I , appearing on behalf of respondent No.2.

2. The petitioner filed the writ petition seeking the following relief “… to issue a Writ, order or direction more particularly one in the nature of Writ of MANDAMUS.

(a) By declaring the entire action of the respondent, rejecting the genuine claim of the petitioner for appointment on compassionate grounds vide present Impugned Memo No.14656/C1/2023/2979 dated 24-07- 2023, is as highly illegal, arbitrary, unjust, improper, colourable exercise of power, total non-application of mind, without any valid reason and contrary to the principle of constructive res judicata as well as contrary to various judicial pronouncements in the subject matter including scheme notified by the Govt., for the spouse of the deceased who die in harness and set-a-side or quash the same.

B) And consequently to direct the respondent to forth with re-consider the genuine claim of the petitioner for appointment on compassionate grounds in a suitable post in the place of her Late husband P. Kishan, who died while in service on 30-05-2021 due to covid-19, without reference to the present Impugned Memo No.14656/C1/2023/2979 dated 24-07-2023 of the respondent, and to pass...”.

3. The case of the petitioner in brief, is that the husband of the petitioner viz., Sri P. Kishan while working in the respondent organization died on 30.05.2021 due to Covid-19, leaving two daughters and one son. The petitioner made a representation dated 22.05.2022 to the respondent seeking suitable appointment on compassionate grounds. But the respondent No.1 rejected the claim of the petitioner by its Memo No.14656/C1/2023/2979, dated 24.07.2023. Aggrieved thereby the petitioner approached this Court by filing the present writ petition.

4. PERUSED THE RECORD (A) The impugned order vide Memo No.14656/ C1/

2023/ 2979, Dated 24.07.2023 passed by the respondent No.1 is extracted hereunder:

HYDERABAD METROPOLITAN WATER SUPPLY &

SEWERAGE BOARD, OFFICE OF THE MANAGING DIRECTOR KHAIRATABAD, HYDERABAD – 04.

Memo No.14656/ C1/ 2023/ 2979, dated 24.07.2023 Sub: HMWS&SB – Estt – Sri P. Kishan, GPE (P&A), of O&M Divn- XII expired while in service on 30.05.2021 – Request for appointment of Smt.P. Venkatamma W/o. (L) Sri P. Kishan on Compassionate grounds – Rejected – Reg.

Ref:1.CGM(E) O&M Divn-XII/PF/2022-23/2062, Dt : 13.02.2023

2. CGM(E) O&M Cir-IV, Lr.No.239, Dt: 18.04.2023.

3. G.O.Ms.No.144, G.A. (Ser.D) Dept, Dt : 15.06.2004.

4. T.o. Proc. No.4172/A1/2021-22/5106, dt : 21.10.2021

5. T.O. Proc.No.4172/A1/RPS-2020/2022/2616, dt : 13.06.2022, 6. Application of Sri P. Srinivasulu, S/o. (L) Sri P. Kishan, Lr.dt . 26.05.2023 and 19.06.2023.

7. MD’s Note approval dated 04.07.2023.

* * *

In the reference 2nd cited, the Chief General Manager(Engg)

O&M.Cir-IV has informed that Sri.P.Kishan, GPE(P&A) of O&M.Divn-XII was expired while in service on 30.05.2021 and submitted the proposals of Smt. P.Venkatamma W/o.(L). Sri.P.Kishan, GPE(P&A) for considering appointment on compassionate grounds along with required documents i.e. Aadhar card, Pan Card, Copy of Bank Pass Book duly showing her DOB is 12.12.1976 i.e. 44 years 5 months 18 days.

While the file is under circulation, a complaint has been received from her son vide reference 4th cited along with Pan Card and other documents duly stating that her mother's age was crossed the upper age limit of 45 years which is required for Compassionate appointment and suppressed her date of birth duly showing her age is 12.12.1976 which is below 45 years for the purpose of appointment on compassionate grounds.

In view of the above complaint received, the documents which was submi