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Telangana High Court · body

2025 DIGILAW 295 (TS)

K. Bhagyalaxmi v. The Registrar

2025-04-10

P.SREE SUDHA

body2025
ORDER : (P. SREE SUDHA, J.) W.P.No.19214 of 2014 is filed by the petitioner to declare the action of the respondents in not appointing her on compassionate grounds in Class IV category by rejecting her applications dated 15.08.2011 and 20.09.2011 vide Memo No.1545/SCR(NT)/2014, dated 31.05.2014, as illegal and arbitrary. 2. C.C.No.489 of 2016 is filed by the petitioner to punish the respondents for willfully violating and disobseying the orders passed by this Court in W.P.No.19214 of 2014 dated 10.07.2014. 3. Petitioner herein stated that her husband K.Venkanna, worked as Time Scale Worker from 1987 to 02.04.2011, for about 24 years continuously without any remarks, in the office of respondent No.2. Unfortunately, her husband died on 02.04.2011, on health grounds, leaving behind herself and her son, who was aged about 6 years, as on the date of filing the petition. She also stated that after the demise of her husband, she underwent surgery for gyenic problem and she could not come to normalcy for about 3 to 4 months on the sudden demise of her husband. Later, on 15.08.2011, she gave a representation to the respondents, requesting them to provide suitable employment to her on compassionate grounds. As there was no response from them, she gave another representation in the year 2012. 4. Petitioner herein further stated that one GolusulaIllaiah, who was senior to her husband also died in the year 2011 and employment was provided to his family member. Similarly, one S.K.Pakeera, who was junior to her husband, died one year back and her son was given employment on compassionate grounds. Petitioner has enclosed the letter dated 15.08.2011, which was addressed to the Registrar and Director of Research, Dr.Y.S.R.University and also to the Senior Scientist & Head, J.V.R.H.R.S., Malyala. She has also filed the death certificate of her husband and the Seniority List of casual labour at J.V.R.H.R.S., Malyal, Warangal District. She has also filed the proceedings of the respondent No.1 dated 03.07.2013, for appointment of ShaikMahabubpasha S/o.Sk.Pakeera, Time Scale Worker, on compassionate grounds. 5. In the counter filed by the respondents No.1 and 2 they stated that the husband of the petitioner died on 02.04.2011. He worked as casual labour since 01.06.1987. She has also filed the proceedings of the respondent No.1 dated 03.07.2013, for appointment of ShaikMahabubpasha S/o.Sk.Pakeera, Time Scale Worker, on compassionate grounds. 5. In the counter filed by the respondents No.1 and 2 they stated that the husband of the petitioner died on 02.04.2011. He worked as casual labour since 01.06.1987. Petitioner herein has submitted a representation seeking appointment on compassionate grounds and the same was received in office on 20.03.2013 i.e., one year after the death of her husband and she has not communicated the representation through proper channel. As per G.O.Ms.No.687, dated 03.10.1977, a candidate is eligible for appointment under compassionate scheme only if the Government servant, who died in harness, makes an application within a period of one year from the date of occurrence of death of the Government servant. Therefore, the said representation was considered and orders were passed on 31.05.2014, rejecting the representation of the petitioner. She has not given representation on 15.08.2011 and no such representation was available in the records of the University, as such rejection Order was passed. The cases of the other employees, who were appointed on compassionate appointment are not relevant to this case. 6. Respondent No.3 has also filed the Counter stating that the representation of the petitioner dated 20.03.2013, for providing compassionate appointment was considered along with the letter of Scientist (Hort.) and Head, JVRHRS, Malyala. On consideration of her representation, she was issued with proceedings in Memo No.1545/Ser.(NT)/2014, dated 31.05.2014, stating that her representation was negative, as she has not applied for job within one year from the date of death of her husband as per the guidelines of the State Government G.O.Ms.No.687, dated 03.10.1977. The representation dated 15.08.2011, has no acknowledgment of the receipt by the Registrar of the University. The husband of the petitioner died on 02.04.2011 and the petitioner has made representationon 20.03.2013. Hence, it was rejected on 31.05.2014 vide memo dated 22.11.2014, requesting her to furnish certain documents. In the said memo, there was a reference to the representation dated 20.03.2013 and the rejection order dated 31.05.2014, and thus she knows about the same, but did not challenge it. 7. Hence, it was rejected on 31.05.2014 vide memo dated 22.11.2014, requesting her to furnish certain documents. In the said memo, there was a reference to the representation dated 20.03.2013 and the rejection order dated 31.05.2014, and thus she knows about the same, but did not challenge it. 7. In the reply affidavit filed by the petitioner, she stated that she gave representation within six months from the date of death of her husband and she is eligible for employment on compassionate grounds and also stated that she did not receive any rejection Order. She has filed the letter dated 20.09.2011. At the bottom of the letter, it was endorsed that “Endt.No13/JVR-HRS/2011-12, dated 20.09.2011”, but the signature of the Senior Scientist under the said endorsement was dated as 20.09.2014. The learned Counsel for the respondents on verification stated that the concerned signatory is no more, as such they cannot examine him. In the proceedings dated 22.11.2014 vide reference No.4, it was stated that representation of the petitioner was received on 20.03.2013 by JVR HRS, Malyal and also vide reference No.7, Dr.YSRHU Memo.No.1545/Ser(NT)/2014, dated 31.05.2014 was mentioned. This is one of the admission regarding the representation of the petitioner dated 20.03.2013. The Scientist (Hort.) & Head, JVR HRS, Malyal, requested the petitioner to obtain the following the documents: i) No earning certificate. ii) Affidavit (Notary) in the prescribed proforma (enclosed). iii) The date of birth of K.Bhagyalaxmi, as the date of birth certificate issued by the Head Master, P.S.Strutpit, Tellandu, was not matching with the birth certificate issued by the Revenue Department, Mahabubabad Mandal. iv) Certificate to be issued by the Scientist (Hort.) & Head, JVR HRS, Malyal, stating that the application for job on compassionate grounds is received by him within one year from K.Bhagyalaxmi, from the date of expire of her husband. 8. Petitioner herein further relied upon the letter No.103, JVR HRS/2020-21, dated 05.12.2020, addressed by the Principal Scientist (Hort.) & Head to the Registrar, in which he mentioned the details of the expired time scale workers who have completed five years of service as on 25.11.1993 at J.V.R.H.R.S, Malyal and whose descendants have applied for Compassionate post within six months. In the said table, the name of the petitioner was shown as applicant and the date of application was shown as 20.09.2011. In the said table, the name of the petitioner was shown as applicant and the date of application was shown as 20.09.2011. The Principal Scientist (Hort.) & Head, who addressed the said letter was also not examined by the respondents for the reasons best known to them. Petitioner has also filed the ‘No Earning Member Certificate’ dated 14.12.2016 along with the application. 9. The learned Counsel for the petitioner has also filed the Contempt Case against the respondents for not complying the Orders of this Court dated 10.07.2014. In the said Order, this Court directed the respondents to consider the case of the petitioner for compassionate appointment in a suitable post in a Class-IV category and dispose of her application within a period of six weeks from the date of receipt of copy of the Order, but the said Order was not complied even after lapse of 1 ½ year, as such filed the present Contempt Case. 10. In the counter affidavit filed by the respondent No.1 in the Contempt Case, they stated in Para No.5 that vide Memo No.1545/SCR(NT)/2014-I, dated 22.11.2014, explanation was sought for from the respondent No.2 for the delay caused in transmission of representation of the petitioner after a lapse of three years one month to the University. While the matter is under consideration, the Government of Telangana issued G.O.Ms.No.31, Agriculture and Cooperation (Hori. & Seri.) Department dated 22.12.2014 establishing Sri Konda Laxman Telangana State Horticultural University, Rajendranagar, Hyderabad, with effect from 22.12.2014. After that, all the institutes located in the Telangana along with J.V.R., H.R.S., Malyal, was dis-affiliated from Dr.Y.S.R.Horticultural University and affiliated to S.K.L.T.S.H.U, as such no further initiation could be taken for implementation of the Orders of the Court as the said institute was not under the administrative control of Dr.YSR Horticultural University, Venkataramannagudem, West Godavari District. 11. The learned Counsel for the petitioner mainly relied upon the said Memo dated 22.11.2014, in which explanation was called for from the respondent No.2 for not forwarding the representation of the petitioner even after the lapse of three years one month. As per the documents of the University, dated 05.12.2020, it is clear that petitioner gave representation to the University on 20.09.2011 and there was also endorsement on the said application. As per the documents of the University, dated 05.12.2020, it is clear that petitioner gave representation to the University on 20.09.2011 and there was also endorsement on the said application. Though the respondents stated that they could not examine the signatory of the said letter, on the ground that he is no more, they have not given any explanation for non- examination of the person, who signed on the letter dated 05.12.2020 to show that the said document is not proper and was not addressed by the concerned Principal Scientist. So also, in their own counter, they admitted that they called for explanation from the respondent No.2 for non-transmission of the application of the petitioner. This clearly shows that the application was submitted by the petitioner within one year from the date of death of her husband, but it was lying in the office and not transferred to the University for a period of three years one month. Without considering the same and later to suppress the said fact, University rejected her application stating that she has not submitted the application within time. The said action of the respondents is incumbent, illegal and arbitrary and such rejection Order dated 31.05.2014, is liable to be set aside. 12. In the result, the W.P.No.19214 of 2014 is allowed. As the respondents stated that presently Government of Telangana established Sri Konda Laxman Telangana State Horticultural University, and as the J.V.R., H.R.S., Malyal is under the Administrative Control of the said University, the Registrar of the concerned University is specifically directed to provide employment to the petitioner herein on compassionate grounds within one month from the date of this Order. 13. In view of the Orders passed by this Court in W.P.No.19214 of 2014, the present Contempt Case is closed. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.