HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.19388 OF 2023

ORDER:

Heard Sri Nayakawadi Ramesh, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I I appearing on behalf of the respondents.

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

“…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the endorsement No.A5/5733/2017 dated 25.11.2021 of the 3^rd respondent wherein rejecting the claim of the petitioner for compassionate appointment on medical grounds stating that the Part Time Assistants are not entitled for retirement on medical grounds and not entitled for compassionate appointment is illegal, arbitrary and unconstitutional and set aside the same with a consequential direction to the respondents to consider the claim of the petitioner for compassionate appointment on medical grounds in terms of G.O.Ms.No.118 Finance and Planning Department 18.08.1999 in any suitable post including the post of Junior Assistant in view of abolition of post of VRO with all consequential benefits and pass…”

3. It is the specific case of the petitioner that the endorsement No.A5/5733/2017, dated 25.11.2021 of the 3^rd respondent in rejecting the claim of the petitioner for compassionate appointment under medical invalidation grounds stating that the Part Time Assistants are not entitled for retirement on medical grounds and hence, not entitled for compassionate appointment is illegal, arbitrary and unconstitutional. Aggrieved by the same, the present Writ Petition is filed.

4. PERUSED THE RECORD.

A. The impugned endorsement No.A5/ 5733/ 2017, dated 25.11.2021 of the Collector & District Magistrate, Ranga Reddy District is extracted hereunder:-

Vide subject and reference cited, Sri. P. Bhaskar S/o P. Srinivas Reddy the then Assistant Village Revenue Officer, O/o Tahsil Ganded Mandal of Erstwhile Ranga Reddy District has requested to consider Compassionate Appointment under Medical Invalidation Grounds.

Further, the request of the petitioner has been examined and he is informed that G.O. Ms. No.158 Dated:13-02-

2009 reads as follows.

"Provided that the cases shall be considered only in matter of death while in Service.

Provided further that no voluntary retirement case shall be considered.

Provided also that in so far as the Part-time Assistants are concerned retirement on Medical Grounds shall not be considered".

In view of the above, the request of the petitioner for Compassionate appointment on Medical Grounds cannot be considered.

Hence, informed.

B. The proposal vide letter, A/ 233/ 2011, dated 08.11.2011 forwarded by the Tahasildar, Gandeed Mandal, Ranga Reddy District to the Collector, Ranga Reddy District is extracted hereunder:-

I invite kind attention to the references and submit that the Collector RangaReddy District was requested to submit the work performance of Sri Patlolla Srinivas Reddy Assistant VRO RusumPally cluster of Gandeed Mandal along with Service Register to appoint as Regular Village Revenue Officer.

I in this regard it is submitted that Sri P.Srinivas Reddy S/ o P. Venat Reddy is appointed as Village Administration Officer vide Revenue Divisional Officer Chevella Division, and proceeding No.A/ 1088/ 1992 dated: 31-02-1992 actually, worked as VRO RusumPally Group Since 10-02-1992 to 31-12-2001 as Panchayath Secretary w.e.f 01-01- 2002 to 07-02-2007, as Assistant Village Revenue Officer since 08-02-2007 to till date with consolidated pay of Rs,5135/ - per month.

I t is further submitted that Sri P.SrinivasReddy has passed SSC (on private) with Roll No.1137207541 in the year March 2011. He is working sincerely for so many years without any remarks and is efficient in discharge of his legitimate duties.

The service Register of the incumbent submitted herewith the necessary orders in the matter.

C. The counter affidavit has been filed on behalf of the respondents and the relevant para Nos.6 to 9 ar