Andhra Pradesh High Court - Amravati
D Jankamma vs State Of Ap on 12 February, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.3322 OF 2019
ORDER:-
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"......to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus and declare the action of the 1st respondent in not considering the pending proposals vide Proceedings Roc.No.K1/93/KKC/TML/2006, dated 31.12.2014 of the 2nd respondent for regularization orders of late D Ravichandra, B.NO.125, Barber, due to his sudden death, who was discriminated while regularizing the other Writ Petitioners in W.P.No.9053 of 2010, Dated 16.08.2013 and further failed to settle the grievance of the petitioners so far, for compassionate appointment inspite of repeated representations dated 3.05.2012, 16.06.2015, 1.03.2016 and 22.10.2018 submitted to the 2nd respondent herein, as illegal, arbitrary and violation of Principles of Natural Justice and discrimination, consequently direct the respondents herein to appoint the 1st petitioner on compassionate grounds in a suitable job in place of her husband late Sri D.Ravichandra, Barber, B. No.125 and release the other monitory benefits of the deceased employee to the petitioners immediately and and pass....."
2. It is the case of the petitioners that the husband of the 1st petitioner D.Ravichandra joined in service on 31.12.2011 and while working as Tonsurer (Barber) in Kalyana Katta TTD with minimum time scale, while pending regularization proceedings in W.P.No.9053 of 2010, died leaving behind this petitioner and other children. Thereupon, the 1st petitioner submitted a representation dated 03.05.2012 to the respondent authorities to consider her candidature for appointment as Lady Tonsurer or Multipurpose Worker (MPW). It is stated that, her husband D.Ravichandra was initially appointed as Tonsusrer (Barber) on consolidated pay and the minimum time scale of pay was extended to the deceased D.Ravichandra by order dated 28.03.2006. The TTD Board has 2 passed a resolution to absorb the deceased D.Ravichandra and regularize his services as barber in the time scale on 29.12.2008. Thereafter, the 2nd respondent also submitted the proposal to the 1st respondent for absorption dated 27.01.2019. But the same was rejected by the 1st respondent on 11.12.2019 due to the Act 2 of 1994. Challenging the same, the deceased D.Ravichandra along with others filed writ petition vide W.P.No.9053 of 2010 before this Court and during pendency of the said writ petition, the said D.Ravichandra died. However, an order was passed by this Court for regularization of other petitioners in the said Writ Petition. Therefore, taking into consideration of death during pendency of the Writ Petition, the 1st petitioner is claiming compassionate appointment and the same was recommended to the 2nd respondent. However, no action has been taken on the recommendation made by the 2nd respondent for regularization dated 31.12.2014.
3. Heard, Sri Ramalingeswara Rao Kocherla Kota, learned counsel for the petitioners, and Sri A. Sumanth, learned Standing Counsel for TTD appearing for the respondents.
4. During hearing, Sri Ramalingeswara Rao Kocherla Kota, learned counsel for the petitioners, while reiterating the contentions urged in the writ petition, requested to direct the respondents to consider the proposals in proceedings dated 31.12.2014 of the 2nd respondent submitted to the 1st respondent and take consequential action for appointment of this 1st petitioner under compassionate ground in suitable post. 3
5. Sri A Sumanth, learned Government Pleader agreed to consider the recommendation made by the 2nd respondent dated 31.12.2014 in accordance with law.
6. In view of the submissions of both the counsel, this Court cannot issue positive direction. However, the 2nd respondent is directed to take appropriate action on the recommendation vide proceedings in Roc.No.K1/93/KKC/TML/2006, dated 31.12.2014 along with representation of this 1st petitioner for her appointment on compassionate ground as Lady Tonsurer or MPW or any other suitable post in accordance with law within six (06) weeks from today, keeping in view the Law declared by Madras High Court in S.Gopi Vs State of Tamilnadu1 .
7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 12-02-2021 Gvl 1 W.P.No.12554 of 2010 dated 18.08.2011 4 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.3322 OF 2019 Date : 12.02.2021 Gvl