HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.29124 OF 2021

ORDER:

Heard Sri Nandigam Krishna Rao, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader Services-I I appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“.....I submit that I am filing this writ petition seeking an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus:

i) to declare the inaction on the part of the third respondent in not appointing me in any suitable post on compassionate grounds pursuant to my application dated 21.11.2014 and the various representations including representation dated 15.3.2019 and even inspite of there being specific direction from the Director of Medical Education, Telangana State vide Rc. No.2233/G2/2016 dated 20.9.2016 and the second respondent herein in Rc. No. A1/1223/2021 dated 13.10.2021, as illegal arbitrary, unjust apart from violative of principles of natural justice and violative of Article 21 of the Constitution of India;

and ii) to consequently direct the third respondent herein to forthwith appoint me on compassionate grounds in any of the suitable posts pursuant to my application dated 21.11.2014 and the various representations including representation dated 15.3.2019; and iii) pass such other order or orders as this Hon'ble Court deems fit, proper and appropriate in the circumstances of the case.”

3. The case of the petitioner, in brief, is that the father-in-law of the petitioner, Nampalli Yellaiah was a Class IV employee and retired on medical grounds in the year 2002 and he had made an application for his son, Sudhakar, to be appointed. However, Sudhakar had passed away in the year 2012 before the appointment could be made, and Yellaiah also had passed away shortly thereafter. On 21.11.2014, the petitioner submitted a representation to the respondent No.3 seeking compassionate appointment due to financial hardship, as she is supporting two children and her mother-in-law. The mother-in-law of the petitioner had also applied for the compassionate appointment. Despite recommendations and directions from the authorities, the respondent No.3 had not acted on her application. Aggrieved by the same, the petitioner has filed the present writ petition.

4. PERUSED THE RECORD A). The relevant portion of the order of this Court dated 21.06.2017 passed in W.P.No.2545 of 2017 is extracted hereunder:

“Heard the learned counsel for the petitioner and the learned Government Pleader for Services appearing for the respondents.

2. Petitioner’s grievance is that petitioner made an application on 21-11-2014 to the respondent Nos.1 and 2 seeking compassionate appointment in the Medical and Health Department and that the respondent Nos.1 and 2 have not passed any orders on the said representation.

3. Learned Government Pleader for Services appearing for respondents states that respondent Nos.1 and 2 will dispose of the said application within six weeks from the date of receipt of a copy of this order.

4. Accordingly, the Writ Petition is disposed of directing the respondent Nos.1 and 2 to dispose of the said application within six weeks from the date of receipt of a copy of this order and communicate their decision thereon to the petitioner. No costs.”

B) The relevant portion of the letter of the respondent No.2 - the Collector, Warangal District vide Lr.Rc.No.A2/ 1319/ 2016 dated 02.03.2016 addressed to the respondent No.3 - the Superintendent, MGM Hospital, Warangal is extracted hereunder:

“I invite attention to the reference cited, the Medical invalidation proposals of Smt. Nampalli / Bushetti Renuka @ Umadevi W/o late N. Sudhakar, Daughter-In-Law of Nampalli Yellaiah, Dhobi, MGM Hospital has been forwarded to this office to provide employment under compassionate grounds.

I n this regard, it is inform you that in terms of G.O Ms. No. 661 General Administration (SER.G) Dept. Dated: 23.10.2008 The appo