Telangana High Court
D. Kamala, vs Dubasi Prajwal, on 15 February, 2022
Author: Satish Chandra Sharma
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.1733 of 2008
JUDGMENT:(Per the Hon'ble the Chief Justice Satish Chandra Sharma) The present writ appeal is arising out of order dated 14.03.2008 passed in W.P.No.11243 of 1999 by the learned Single Judge.
The undisputed facts of the case reveal that respondent No.1 in the writ appeal came up before this Court being aggrieved by non-grant of compassionate appointment on the ground that he is a stepson. The facts further reveal that the father of the writ petitioner divorced his mother and married another lady and therefore, he became a stepson and in those circumstances, his application was turned down.
The learned Single Judge has held that writ petitioner's case could not have been turned down on the ground that he is a stepson and has further directed the respondent, employer, to consider the case of the petitioner therein for granting compassionate appointment as per his eligibility and to pass appropriate orders in accordance with law. The order was passed on 14.03.2008 and this Court has granted an interim order in the present writ appeal.
The writ appeal has been filed by the second wife along with two children and their contention is that they are entitled for the terminal dues as well as compassionate 2 appointment/compensation in lieu of compassionate appointment.
In the considered opinion of this Court, whether the appellants are entitled for the terminal dues, compassionate appointment/compensation in lieu of compassionate appointment can be looked into only after a succession certificate is granted in the matter.
Resultantly, the writ appeal is allowed and the order passed by the learned Single Judge is set aside. The parties are free to approach the appropriate Court for grant of succession certificate. The employer thereafter shall be free to proceed ahead with the matter in accordance with law, after succession certificate is granted.
Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ ABHINAND KUMAR SHAVILI, J 11.02.2022 ES