Andhra Pradesh High Court - Amravati
D. Vanitha, Visakhapatnam vs Chairman Md, Hindustan Shipyard Ltd., ... on 10 February, 2020
Author: T. Rajani
Bench: T. Rajani
SMT. JUSTICE T. RAJANI
WRIT PETITION No.33444 OF 2017
ORDER:-
This writ petition is filed, seeking to declare the action of the respondents in issuing proceedings No.HR/W/58/ 07/2016 dated 06.08.2016 and not providing appointment to the petitioner on compassionate grounds on account of death of her father, who died in harness and also on account of death of her mother and not considering her case for compassionate appointment on the ground that Union objected for her appointment as illegal, arbitrary and violative of Articles 14 and 16 of Constitution of India.
2. Heard learned counsel for the petitioner and learned Standing Counsel representing respondents.
3. Learned counsel for the petitioner submits that on the application made by the petitioner seeking for compassionate appointment, a note file was made stating that if the petitioner is not interested in a post to be offered in Floating Gang department, it is requested to examine the feasibility of providing Group 'C' category post to a B.Tech Engineering degree holder and arrange to take action accordingly. Relevant case file with the personal file of late D. Rudrayya is returned. The same was referred to the committee in spite of there being a note that it does not require reference to the committee. The committee recommended the petitioner for appointment on compassionate grounds but there was an objection taken by the respondent on the ground that one of the committee members did not sign on the report of the committee. However, it was directed for the HSL to be convinced for providing compassionate appointment in terms of assurance given as per letter dated 19.08.2004 and legal opinion was also sought for. As things stood thus, without obtaining legal opinion now the impugned order came to be passed, rejecting the appointment of the petitioner on the ground that she has completed the graduation in Engineering and now she is married and she is living with her natural parents. However, completion of graduation cannot be a ground, and undisputedly living with her parents and being a married daughter cannot be ground for rejection for compassionate appointment.
4. Hence, in view of the above circumstances, it is deemed fit to direct the respondents to consider the case of the petitioner for compassionate appointment in accordance with rules and pass a fresh order within a period of four (04) weeks from the date of receipt of a copy of this order.
5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending if any, in this petition shall stand closed.
_____________ T. RAJANI, J 10.02.2020 Note: Issue CC by one week B/o.
MS SMT. JUSTICE T. RAJANI WRIT PETITION No.33444 OF 2017 Date. 10.02.2020 MS