G.Uddandu vs State Of Telangana

Heard learned counsel for the petitioner and learned Government Pleader for Services-III. With the consent of both the parties, the writ petition is being taken up for disposal at the admission stage itself.

The present writ petition is filed declaring the action of the respondents in not regularising the services of the petitioner or not appointing the petitioner on compassionate grounds in terms of G.O.Ms.No.118 dated 18.08.1999 is illegal, arbitrary and further to declare that the action of the 3rd respondent in not taking further action in pursuance of proposals sent by 4th respondent in LR No.C1/P0/2018 dated 30.06.2018 is illegal and arbitrary and consequently declare that the petitioner is entitled to be appointed on compassionate grounds in terms of G.O.Ms.No.118 dated 18.08.1999.

Learned counsel for the petitioner submits that petitioner’s father Sri Danaiah, worked as NMR Sweeper in Madhira Gram Panchayat from 1983 onwards. As Sri Danaiah, completed more than 7 years of service, he was entitled for regularisation of his Services. However, petitioner father died in service on 19.07.1991, the petitioner made application seeking appointment as NMR Sweeper in place of his father. Accordingly, petitioner’s services was taken in Gram Panchayat, Madhira from 24.07.1991 and since then the petitioner has been working as NMR sweeper. It is further submitted that during 2014 the Madhira Gram Panchayat was upgraded as Municipality and the petitioner services were transferred to the Madhira Municipality and the petitioner has been working as such in Madhira Municipality.

Learned counsel for the petitioner submits that the Government issued G.O.Ms.No.118 dated 18.08.1999 formulating a scheme for appointment on compassionate grounds to the dependants of deceased NMR’s. It is therefore submitted that the petitioner is eligible and entitled to be appointed on compassionate grounds in terms of G.O.Ms.No.118 dated 18.08.1999, as petitioner’s father died in service and was entitled for regularisation of his services. In respect of the same, respondent No.4 issued certificate in favour of the petitioner stating that petitioner is eligible for appointment on compassionate grounds, as per rules in vogue and the service certificate and seniority certificate were also issued to the petitioner. On the representation made by the petitioner, the respondent No.4 addressed vide LR.No.C1/PO/2018 dated 30.06.2018 to respondent No.3, requesting to issue necessary orders for compassionate appointments of the eligible dependents of the deceased NMR’s. In the said letter, the particulars of the employment of the petitioner’s father and details of the petitioner were furnished and a cheque list was also enclosed.

The main grievance of the petitioner is that even after completing 36 years of service as NMR, petitioner’s services have not been regularised and he is being paid only daily wages. It is further submitted that in pursuance of Government order vide G.O.Ms.No.118 dated 18.08.1999, petitioner is entitled for appointment on compassionate grounds. Despite the proposals sent by respondent No.4 to the respondent No.3, way back on 30.06.2018, so far no orders have been passed and pray this Hon’ble Court to direct the respondent No.3 to consider recommendation\proposals of the respondent No.4 in appointment of the petitioner on compassionate grounds in terms of G.O.Ms.No.118 dated 18.08.1999.

The learned Government Pleader for Services-III submits that respondent No.3 may be directed to consider vide LR.No.C1/PO/2018 dated 30.06.2018, i.e recommendation\proposals of the respondent No.4, for Compassionate appointment of eligible dependents of the deceased NMR’s and pass appropriate orders in accordance with law.

Recording the submissions made by both the learned counsel and having regard to the facts and circumstances of the case, the present writ petition is disposed of, directing respondent No.3 to consider the recommendation\proposals of the respondent No.4, vide LR.No.C1/PO/2018 dated 30.06.2018 and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of the order, after giving a fair opportunity of hearing to the petitioner and communicate the same to the petitioner.

Accordingly, this writ petition is disposed of. Miscellaneous application, if any pending, shall stand closed. No order as to costs.