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And Ot 2022: Writ Petition Nos.2288
And Ot 2022: Writ Petition Nos.2288
PRESENT
Thota Jaswanth, S/o. Sri Late Thota Venkateswara Rao, Aged About 22 Years,
Occ.Un-employee, R/o. H.No 8-1-221, Sumitrasai Agency Building, 3rd Floor, KSP
Road, Beside Bhadradri Bank, Paloncha, Bhadradri Kothagudem Dist - 507 115.
...PETITIONER
AND
1 . The State of Telangana, Rep. by its Principal Secretary, Power and Energy
Department, Secretariat at Hyderabad -500 004 (TS)
2. The Chairman and Managing Director, Telangana State Power Generation
Corporation Limited, And TS TRANSCO, Vidyut Soudha, Khairathabad,
Hyderabad - 500 004 (TS).
3. The Chief Engineer, O and M, Kothagudem Thermal Power Station- Vll Strue
Paloncha, Bhadradri Kothagudem Dist-507'l 1 5.
4. The Divisional Engineer, Technical/Director (HR) KTPS, Paloncha, Bhadradri
Kothagudem Dist-507 1 15.
5. The Chief General Manager/ADMruS, Vidyut Soudha, Khairathabad,
Hyderabad - 500 004 OS).
...RESPONDENTS
Petition under Article 226 o't lhe Constitution of lndia praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue any appropriate Writ order or direction essentially one in the
nature of Writ of Mandamus declaring the impugned Lr.No.CE/(O&MyKTPS-
V||sIage/DS/ADM/PO/ADM/AM(HR)/8.4/D.No .286121, Dated 27 -03-2021, is as
illegal, unauthorized, arbitrary, contrary to Law, and in violation of Under Article
14, 19 and 21 of the Constitution of lndia and in violation of principles of Natural
Justice, and against the scheme of compassionate appointment, vide
B.P.Ms.No.'l 19, dated 10-02-1982, being in violation of the rights of the petitioner
as enshrined under Article 14, 19 and 21 of the constitution of lndia and in
violation of Principles of Natural Justice, Consequently set aside the same, with a
further direction to the Respondents to appoint the Petitioner in the appropriate
post in terms of B.P.Ms.No.119, dated. 10-02-1982.
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lA NO: 1 OF 2022
Petitron under Section 1 51 CPC praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased to direct
the Respondents to re-consider the claim of the Petitioner for appointrnent as per
the terms of scheme of compassionate appointment, vide B.P.Ms.No. l 19,
dated.10.02.1982for any appropriate post, Pending disposal of the Writ Petition.
lA NO: 2 OF 2022
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 pleased to
suspend the Operation of the impugned Lr.No.CE/(O&MyKTPS-VIlstage/DS/
ADM/POiADM/AM(HR)/8.4/D.No.286/21, Da1ed.27.O32021 issued by the 3rd
Respondent, Pending disposal of the Writ Petition.
Counsel for the Petitioner: SRl. C. RAGHU, SENIOR COUNSEL
COMMON ORDER:
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The case of the p etitioner in W.P.N0.2288 of 2022
deccased emplovcc
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deceased employee
following judgments:
SKJ
W P No 2288 of2022 &
WP No 35384 of 2022
to.o2.t982.
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the B.P.Ms.No.119, dated 10.02.1982 and requestcd to
reads as follorvs:
family"
as follows:
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" The scheme of proutding emploAment to
dependants of deceased Board emploAee while in
seruice u)as reconsidered by the A.P.E.E. Board
and it was decided that that instead of follotuing a
policg different from State Gouernment the orders
of the State Gouernment in the matter shall be
folloued in Toto utith the follouLing prouisions ,
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cot'tsideration the amoutll ttthich utas beiry patd as fcLmily
pension to the uidotu of the deceased (uthich amoun|
according to tle appellant, has nout been reduced to holfl
and other amounts paid on account of tenninal benefits
under the Rules. The scher'rc of contpassionate
o"ppointment is ouer antl aboue tuhateuer ts admissible to
the legal representatiues of the deceased etnploAee as
benefits of seruice tt,hich one gets on the death of the
emplogee. Tterefore, compassionate appointment cannot
be refused on the ground that anA member of the familA
receiued the amounts admissible under the Rules"
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SK,J
W P No 2288 of 2A22 &
A/P No 35384 af 2022
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clrqts to zero ot1 lha dealh ctf' thc l,r't'adeantct ond
insecurity thereafter reigns and it is ctt that .jutlclurc if
some lump-sum amount is ntade available with a
co nrpa ss io nat e a p po in I m e nt. th e gr i c ['s I r i c k e n .ft r nt i l.t,
Court also observed that it is not the case o['the bank that
the respondents' .family is having any olher ittconte lo negdte
pcr the Sclterna (19<)J) tltctt in existence. I|'e do not /ind uny
reason worranlin,q ittIatf ct crtce "
" Paru ,Yo. l0 of tlrc ptlitt, sripulales thot the government has
inlroduced a number oJ u,elJure measures, which have made a
significant difference ro rlrc financial position of families of
government servants who die in harness. Hence, the policy stipulates
that benefits receiyed b\ the famil.v on account of those
v,alfure mea.;urcs " mu.t' ht ktpt in lieu" u hile considering ca,se s o.f
+:--:i*':.frl
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SKJ
W P lno 2288 of 2022 &
WP No 35384 of 2022
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received by the spouse or mother of the deceased-
employees, within twelve (12) weeks lrom the date of
to costs.
SD/. G, SIREESHA
ASSISTANT REGIST
//TRUE COPY//
SECTIO OFFICER
HIGH COURT
DATED:3110312023
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COMMON ORDER
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