G. NIRANJAN REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a writ of Mandamus declaring the action of the respondents in rejecting the case of petitioner for providing the employment as per the provisions of the clause 2 and 3 of G.O.Ms.469 G.A.D (Sc-A) Department, dtd. 8/11/1996 read with clause 5 of G.O.Ms.50, G.A. (Sc-A) Department, dtd. 21/2/2014 read with Sub-Clause(b) of Clause(2) of sec. 4 of the Telangana (Regulation of Appointments of Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act 2 of 1994) vide Proceeding No.RC.No.A1/1393/2019-1 dtd. 13/3/2020, as arbitrary and illegal and consequently to set aside the same and direct the respondents to provide the petitioner an appropriate job in State Government in accordance with above mentioned provisions or to pass any other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.

(2.) Brief facts leading to the filing of this writ petition are that the petitioner's father was killed in extremists activity i.e., Naxalite activity in the night of 13/14/7/1999 on the pretext that he was police informer. The police also registered a case vide Crime No.78/1999, under Ss. 148, 302, 452, 324, 427 r/w 149 IP and Ss. 25 and 27 of the Arms Act. It is submitted that since the bread winner of the family was killed all of a sudden, the family got orphaned and got mired in poverty. It is submitted that as per G.O.Ms.No.469, dtd. 8/11/1996, the petitioner's family should have been given preferential treatment in providing employment to the wife of the deceased as the bread winner of the family was killed by naxalites. It is submitted that the Government has introduced a scheme of compassionate appointment by providing employment to one of the dependent family members of the deceased through a scheme as per G.O.Ms.No.469 G.A. (Ser-A) dtd. 8/11/1996 which was applicable with effect from 26/2/1996. It is submitted that subsequently, G.O.504 G.A.(Ser-A) Department dtd. 11/8/2008 and G.O.Ms.No.50 G.A. (Ser-A) dtd. 21/2/2014 were issued by the State Government modifying the terms of appointment on compassionate grounds

(3.) It is submitted that the petitioner was a minor i.e., 2 years old at the time of death of his father and immediately on attaining the age of majority, the petitioner has filed an application for compassionate appointment under G.O.Ms.Nos.469 and 50 (cited supra). It is submitted that by misguiding the petitioner and his family members, an application was obtained from them that they were seeking ex-gratia for the death of the bread winner. It is submitted that subsequently on realizing the mistake, the petitioner and his family have not accepted the ex-gratia and the petitioner is only seeking compassionate appointment for himself in the State Government in any suitable post. It is submitted that the petitioner is now a B.Com graduate and is eligible for the Government jobs.