THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.552 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
26.08.2021 passed by the learned Single Judge in
W.P.No.20202 of 2021.
The facts of the case reveal that a writ petition was
preferred by the writ petitioner/respondent No.1 herein, who
is the husband, stating that his wife was a Government servant expired on 11.05.2021 on account of COVID-19 infection and, therefore, compassionate appointment be granted to the dependant daughter and terminal benefits be paid to him.
The learned Single Judge disposed of the writ petition by order dated 26.08.2021 directing the State Government to decide the representation of the writ petitioner dated 09.08.2021 in accordance with law. Against the aforesaid order, the present appeal has been filed by the daughter stating that divorce took place on 13.03.2006 and, therefore, the father is not entitled for terminal dues.
This court has carefully gone through the order passed by the learned Single Judge. The learned Single Judge has not issued any writ, order or direction, directing the State Government to grant terminal dues/family pension to the 2 husband. Learned Single Judge simply directed the respondent State to decide the representation. Therefore, the appellant is also permitted to make a representation within a period of four weeks and thereafter, the State Government shall consider both the representations and shall be free to pass appropriate order in accordance with law, after hearing the present appellant also.
With the aforesaid, the writ appeal is disposed of. Miscellaneous petitions, if any, pending in this writ appeal shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 26.10.2021 ES