M. Mahesh v. The State of Telangana
Court: High Court for State of Telangana
Bench: PULLA KARTHIK
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-01-04. M. Mahesh v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 3301 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 137 oF 2024 Between: M.. Mahesh, S/o. Late Chinna Kistaiah, Aged about 40 years, R/o. Machupally Village, Kodair Mandal, Nagarkurnool Dis'irict. ... pETtTtoNER AND 't. The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat Buiidings, Hyddrabad-50d 022. 2. The Chief Commissioner oJ Lanil Administration, State of Telangana, N. ampally Railway Station Road, Hyderabad. _ 3. The District Collebtor, Nagarkurnodl District. 4. The Tahsildar, Kodair Mahdal, Nagarkurnool District. ...
RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order of direction, preferably one in the nature of writ of Mandamus and to declare the in action of the respondents are not passing final orders on the proposals vide proceedings No. E/135/2020, dt. 26-03-2020 of the 4th respondent pending before the 3rd respondent and also further representations dt. 26-09-2023 and 29-O9-2023 which are pending before the Respondent No. 1 to 3 on compassionate grounds to appoint the petitioner as Village Revenue AssistanUOffice Subordinate in any other departrnent, is as highly illegal arbitrary, unreasonable, and also in violation of principles of natural justice and declare the same as bad-in-law and consequently dkect the r€spondents to conskler the case of the petitioner to pass final orders on the proposals vide proceedings No. E113512020, dt.
26-03-2020 of the 4th respondent forwarded which are pending before the 3rd respondent, aM also further representations dt. 26-09-2023 and 29- 09. 2023 which are pending before the Respondent No. 1 to 3 on compassionate grounds as Village Revenue Assistant / in any other departrnent in suitable post lA NO: I oF Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the respondents to consider the case of the petitioner to pass finar orders on the proposars vide proceedings No. E/135/2020, dt. 26-03-2020 of the 4th respondent foruvarded which are pending before the 3rd respondent, and arso further representations dt. 26-09-2023 ana zg-6s-zoz3 which are pending before the Respondent No'1 to 3 on compassionate grounds as Vi,age Revenue Assistant / in any other department in suitabre post, pending disposar of the above writ petition Counsel for the petitioner: SRI C.
RAJA SEKHAR REDDY Counsel for Respondents: Gp FOR SERVICES 1l The Court made the following: ORDER THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No. 137 OF 2o24 ORDER: This Writ Petition under Article 226 of tl. e Constitution of India is filed seeking the following relief "... to issue an appropriate writ, Order of direction, preferably one in the nature of Writ of Mandamus and to declare the in action of the respondents are not passing final orders on the proposals vide proceedings No. E/1351202O, dt. 26-03-2020 of the 4th respondent pending before the 3rd respondent and also further representations dt. 26-09-2023 and 29-O9-2023 which are pending before the Respondent No.
l to 3 on compassionate grounds to appoint the petitioner as Village Revenue Assistant/Office Subordinate in any other department, is as highly illegal arbitrary, unreasonable, and also in violation of principles of natural justice and declare the same as bad-in-law and consequently direct the respondents to consider the case of the petitioner to pass final orders on the proposals vide pmceedings No. E/135/2020, dt. 26-03-2020 o[ the 4th respondent forwarded which are pending before the 3rd respondent, and also further representations dl. 26-09-2023 arld 29-09-2023 which are pending before the Respondent No. l to 3 on compassionate grounds as Village Revenue Assistant / in any other department-in suitable post and to pass... " 2. Heard Sri C. Raja Shekar Reddy, learned counsel appearing for the petitioner and learned Government Pleader for Services-ll, appearing for respondent Nos. 1 to 4. 3.
Learned counsel for the petitioner submitted that the petitioner's father, who was working as Village Revenue Assistant in Machupally Village, Kodair Mandal, Nagarkurnool District, died on 15. 12. 2019, while -. :-+. wp 137_2024 he was in service. Immediately after his demise, thc petitioner has submitted an application before the competent authority on 19. o3. 2o22, seeking appointment on compassionate grounds. Thereafter, in pursuance of the same, the 4e respondent has forwarded his report to the 3rd respondent along with the proposals, including all the details and documents, uide proceedings No. E/ 135/ 2O2O, d. aLed 26. O3. 2O2O, seeking permission to appoint the petitioner as Vi age Revenue Assistant at Machupally Village, Kodair Mandar, Nagarkurnool District. rt is further submitted that no further action was taken thereon. Therefore, the petitioner has submitted his representations to the 3. d and 1"r respondents on 27 . O9. 2O23 and 29 . Og .
2023 respectively, seeking compassionate appointment as Village Revenue Assistant. However, the said representations are still pending before the respondents. Therefore, learned counsel for the petitioner prayed this Court to pass necessary orders in the present writ petition. 4. Learned Government pleader for Services-rl submitted that the respondents will consider the representations of the petitioner and dispose of the same in accordance with law. 5. Having regard to ttre rival submissions made by the respective parties, the Writ Petition is disposed of, without expressing an opinion on merits, with a direction to the 3rd respondent to consider the representation of the petitioner, dated 27 . O9. 2023, and pass appropriate orders thereon in accordance with law, duly taking into consideration the ,a'{ PK,] wp_137_2O24 proposals forwarded by the 4th respondent uide proceedings No. Ell35/2O2O, dated 26. 03.
2O2O, as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy of this order, and communicate a copy thereof to the petitioner. . Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs. SD/- MOHD. SANAULLAH ANSARI ASSISTANT RE ISTRAR //TRUE COPY// SECTION FFICER To, 1 . The District Collector , Nagarkurnool District 2. One CC to Sri C Raja Sekhar Redd y Advocate {OPUCI 3. Two CCs to GP For Services, High Court for the State bf Telangana. [OUT] 4. Two CD Copres MBc LS HIGH COURT DATED: 0410112024 E S IA 1 H rGf ( q J z 3 09 JAN 2024 o i t Dg . {T t. o P ORDER WP. No. 137 ot 2O24 DISPOSING OF THE WRIT PETITION WITHOUT COSTS lo q
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