Telangana High Court
M.Naga Lakshmi, vs The Government Of Andhra Pradesh, on 27 April, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
W.P. No.31315 of 2013
ORDER:
This writ petition has been filed seeking a writ of mandamus challenging the rejection of the application of the petitioner for compassionate appointment on the demise of her father while in service as CEO, PACS, Lingagiri, Huzurnagar Mandal, Nalgonda District on the ground that the petitioner is a married daughter and therefore not entitled for the compassionate appointment, as illegal and arbitrary.
2. Learned counsel for the petitioner has drawn the attention of this court to the impugned letter dt.28.2.2013 in which the respondents have stated that the compassionate appointment cannot be given to the married daughter. The said letter is addressed to the wife of the deceased employee stating that the case of the daughter of the deceased for compassionate appointment cannot be considered since she is married. It is also mentioned therein that the case of the son can be considered for compassionate appointment.
3. The deceased employee was working in respondent no.4 organisation. There is no appearance for respondent no.3 and 4 PMD, J WP.No.31315 of 2013 2 before this court inspite of service of notice. Government Pleader appeared for respondents no. 1, 2, 3 and 4.
4. The learned counsel for the petitioner has placed reliance on the judgment of this Court in W.P.No.17788/2018, dt.15.12.2020 wherein the Hon'ble High court has held that even a married daughter is eligible for consideration under compassionate appointment. He submits that this decision has been upheld by the Hon'ble Supreme Court by dismissing SLP filed by the State of Karnataka and others Vs. C.N.Apporva Shree and Another in SLP (Civil) No.20166/2021 dt.17.12.2021.
5. It is noticed that the counter affidavit is filed by the respondent no.2 reiterating the ground taken by the respondents in the impugned order.
6. Having regard to the relevant circumstances and the material on record and also particularly the decision of the Hon'ble Supreme Court in the case of State of Karnataka and others and in the case of Bhuvaneshwari V.Puranik Vs. State of Karnataka in paras 14.4 to 14.6 thereof, this writ petition is allowed. The respondents are therefore directed to consider the case of the petitioner for compassionate appointment on the death of her father while in service in any existing vacancy and PMD, J WP.No.31315 of 2013 3 if she cannot be appointed for any reason, the same may be communicated to the petitioner within a period of 120 days from the date of receipt of the copy of this order.
7. Writ petition is accordingly allowed. However, no order as to costs. Miscellaneous applications, if any pending, shall also stands closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 27.04.2022 BV