THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.16157 OF 2023

ORDER:

Heard Smt. Alapati Latha, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Municipal Administration and Urban Development, appearing on behalf of respondent No.1 and Sri G. Narayana, learned Standing Counsel for GHMC 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” declaring the action of the 1^st Respondent in rejecting the appeal filed by the petitioner for appointment on compassionate grounds by condoning the delay of 3 months 25 days in submitting the application for appointment on compassionate ground vide Memo No.6538/GHMC/2014 Municipal Administration and Urban Development, dated 11.12.2019 and the consequent letter No. 1809/LWS/B2.GHMC/2019/319, dated 18.12.2019 of the 2^nd respondent is illegal, arbitrary, contrary to law, total non-application of mind and in violation of Article 14, 16 and 21 of the Constitution of India to quash or set aside the same and issue a consequential direction to the Respondents No.1 and 2 to consider the case of the petitioner for appointment on compassionate grounds by condoning the delay of 3 Months 25 days in filing the application with all attendant benefits and pass...”

3. The case of the petitioners, in brief, as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:

i) The petitioner is the wife of Late R.Narahari, who served as a Kamatee in Ward No. 9, GHMC, and died in service on 08.05.2009 after rendering 19 years of service. Following his death, the petitioner submitted an application on 02.09.2010 seeking compassionate appointment. Due to the sudden demise of her husband, the petitioner was in a state of shock and also suffered ill health, which led to a delay in filing the application.

ii) The petitioner later submitted a delay explanation on 11.03.2011 along with medical certificates. However, the 2^nd respondent rejected the petitioner’s application stating that it was belated by 4 months. Aggrieved by the rejection, the petitioner filed an appeal on 21.07.2011 before the 1^st respondent seeking condonation of delay on medical and humanitarian grounds. Despite submitting further representations in 2014, no action was taken.

iii) The petitioner filed W.P.No.17732 of 2019 before this Court, which directed the 1^st respondent to dispose of the appeal within eight weeks. Pursuant to this, the 1^st respondent, vide Memo dated 11.12.2019, rejected the appeal merely citing delay of 3 months and 25 days without providing any reasoning or considering the petitioner’s explanation. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD (A) The impugned order passed by the respondent No.1 vide Memo No.6538/ GHMC-1/ 2014, dated 11.12.2019 is extracted hereunder :-

“…File No.LW/EST/COA/K&K/0110/2019/SR.ASST2(LWS/HO Receipt No: 462973/2019/SR.ASST-2(LWS)-HO GOVERNMENT OF TELANGANA MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (GHMC-1)

DEPARTMENT Memo.No.6538/GHMC-1/2014 Dated:11.12.2010 Sub: Suits-High Court-W.P.No. 17732 of 2019 flled by Smt R. Yadamma, W/o Late R. Narahari, Puranapool, Hyderabad for seeking appointment under compassionate grounds - Rejected-

Reg.

Ref: 1. Representation of Smt R. Yedamma, W/o Late R. Narahari, Puranapool, Hyderabad, dated. 21.07.2011,

14.05.2014 & 20.11.2014.

2. The Commissioner, GHMC, Hydarabad, Lr. No.

1809/B2/LWS/GHMC//2019/689, dated 15.03.2012.

3. G.O.Ms.No.699, MA, dt.28.08.1978.

4.The Commissioner, GHMC, Hyderabad, Lr.No.1809/82/LWS/

GHMC/2011/689, dated. 16/18.07.2011.

5. Orders dated 20.08.2019 In W.P.No. 17732 of 2019 of the Hon'ble High Court for the State of Telangana, Hyderabad.

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The attention of the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad is invited to the references