Telangana High Court
Muthyalavaralakshmi, vs The Commissioner on 18 July, 2023
Author: P. Madhavi Devi
Bench: P. Madhavi Devi
THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION No.17985 OF 2023
ORDER:
In this Writ Petition, the petitioner is challenging the proceedings dated 31.03.2023 rejecting the claim of the petitioner for compassionate appointment in a suitable post in the place of her late father, who expired on 23.05.2022 while in service as Public Health Worker, Health Section, Circle No.2, Uppal, L.B.Nagar Zone, GHMC, as illegal and arbitrary.
2. The learned counsel for the petitioner submitted that the petitioner is the only daughter of the employee, who died while in service on 23.05.2022. Therefore, she has made an application for compassionate appointment, however, the same was rejected by observing that the petitioner is the married daughter and therefore, she is not eligible for compassionate appointment.
3. The learned counsel for the petitioner submitted that the Government itself has issued G.O.Ms.No.350 dated 30.07.1999 giving a clarification that compassionate appointment of a married daughter would be considered in 2 cases where the deceased Government employee is having only a married daughter and spouse without any other children. It is submitted that though the petitioner is married, she is staying with her mother along with her husband and they are wholly dependent upon their mother for sustenance. It is submitted that the petitioner's husband is working on daily wage basis and their financial position does not support their livelihood.
4. Sri T. Chandra Sekhar Rao, the learned Standing Counsel for GHMC supported the impugned order of rejection of the application of the petitioner for compassionate appointment.
5. Having regard to the fact that the case of the petitioner falls under G.O.Ms.No.350, dt.30.07.1999, which itself clarifies that when the married daughter is dependent upon of the employee and is otherwise eligible for compassionate appointment, her case should be considered for appointment. Further, in a number of decisions, this Court has held that compassionate appointment should be given to the married daughter if she is otherwise eligible in respect of qualification and 3 financial position. The decisions relied upon by the learned counsel for the petitioner are: in the case of V. Shashi Kala Vs. the District Collector, Ananthapuram and others in W.P.No.41931 of 2017 dated 05.06.2018 and in the case of the Commissioner of Police, Hyderabad and others Vs. K. Padmaja in W.P.No.16242 of 2013 dated 20.06.2013.
6. In view of the above judgments of the Hon'ble Division Bench of this Court, the impugned proceedings dated 31.03.2023 is hereby set aside and respondents are directed to reconsider the case of the petitioner for compassionate appointment, if she is otherwise eligible in respect of educational qualification, financial position, etc., within a period of two months from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of at the admission stage. No order as to costs.
Miscellaneous applications, pending if any, in this writ petition shall stand closed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 18.07.2023.
Isn 4 THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No.17985 OF 2023 18.07.2023 Isn