IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
THE HON'BLE SRI JUSTICE G. RAMAKRISHNA PRASAD
WRIT PETITION No. 35834 OF 2022
ORDER:
Heard Sri R.Venkatesh, Ld. Counsel representing Sri Jada Sravan Kumar, Ld. Counsel for the Writ Petitioner and Sri Y.Srinivasa Rao, Ld. Assistant Government Pleader for Services-III.
2. The Writ Petitioner is seeking employment on Compassionate grounds. The case of the Writ Petitioner is that her mother was an Employee (Woman Mazdoor) in YRC Sub-Division No.3, Yeleswaram, East Godavari District; her mother died in harness on 17.12.2019; the Writ Petitioner who is married to one M.Mahesh Babu, made Applications on 03.11.2020 and on 18.02.2022 seeking Employment on Compassionate grounds, her qualification being Diploma in General Nursing, Midwifery (Nurse); and that by Order dated 06.05.2022 her request for Compassionate Appointment was rejected (Ex.P1). 2
3. Sri R.Venkatesh, Ld. Counsel submits that the Applicant submitted the Applications along with Order of this Court dated 26.02.2021 in W.P.No.10340 of 2014 wherein and whereby the word 'unmarried' which is a condition for being eligible for seeking Compassionate Appointment, has been struck down as unconstitutional by the learned Single Judge of this Court as being arbitrary, discriminatory and unjust and violative of Articles 14, 15, 16 and 21 of Constitution of India. Apart from this Order that was also submitted along with the Application, Sri R.Venkatesh, Ld. Counsel has also drawn the attention of this Court to another Order of this Court dated Nil- February, 2022 in W.P.No.26946 of 2021.
4. Sri Y.Srinivasa Rao, Ld. Assistant Government Pleader for Services-III sustained the Rejection Order on the basis of reasoning given therein that the explanations given by the husband of the Writ Petitioner are self contradictory as regards the contribution of a portion of his income to his wife. He has placed on record the Judgment rendered by the Hon'ble Supreme Court in The State of 3 Maharashtra and another vs. Ms.Madhuri Maruti Vidhate (Since after marriage smt. Madhuri Santosh Koli) (2022 LiveLaw (SC) 820) to state that the married daughter would not be entitled for an employment on compassionate grounds.
5. Having perused the reasoning that is given by the Respondents for rejecting the Application of the Writ Petitioner and having gone through the Judgments placed on record by the Writ Petitioner and Respondents, this Court is of the view that the Rejection Order dated 06.05.2022 (Ex.P1) cannot be sustained in law and hence it is quashed. As regards the Judgment of the Hon'ble Apex Court in Civil Appeal No.6938 of 2022, dated 30.09.2022 placed on record by the Ld. Counsel for the Respondents, this Court is of the opinion that the Judgment may not be helpful for the case of the Respondents for the simple reason that the facts of the case therein are to the effect that the Applicant sought compassionate Appointment several years after the death of the mother. Whereas, in this case on hand the mother 4 of the Writ Petitioner died on 17.12.2019 whereas the first Application was submitted by the Writ Petitioner on 03.11.2020 followed by another Application on 18.02.2022. Therefore, this Court is of the view that the daughter namely the Writ Petitioner has approached the Authorities soon after the death of her mother.
6. In this view of the matter the Respondents are directed to reconsider the Application particularly in the light of the two Judgments rendered by this Court in W.P.No.10340 of 2014, dated 26.02.2021 and W.P.No.26946 of 2021, dated Nil-February, 2022 and also the Judgment placed by the Ld. Counsel for the Respondents in Civil Appeal No.6938 of 2022 dated 30.09.2022. The Writ Petitioner may submit a fresh Application within two weeks from the date of receipt of this Order to the Respondent No.4 (Competent Authority) along with a copy of this Order. Upon receipt of the said Representation, the Authorities shall dispose of the Application of the Writ Petitioner within a period of four (04) weeks by a speaking Order in accordance with law. 5
7. Accordingly, the Writ Petition is disposed of as above. There shall be no order as to costs.
8. Interlocutory Applications, if any, stand disposed of in terms of this order.
________________________________ G. RAMAKRISHNA PRASAD, J Dt: 04.11.2022.
SDP 6 THE HON'BLE Mr. JUSTICE G. RAMAKRISHNA PRASAD WRIT PETITION No. 35834 OF 2022 04.11.2022 SDP