THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
WRIT PETITION No.8011 of 2019
ORDER:
This writ petition is filed seeking to declare the action of the 2nd respondent / District Prohibition and Excise Officer, Nalgonda in issuing the impugned proceedings, dated 19.05.2018 rejecting the application of petitioners for providing employment under compassionate grounds to the 1st petitioner as illegal and arbitrary.
2. I have heard the submissions of Sri Akkam Eshwar, learned counsel representing Smt. K.Balamani, Counsel for the petitioner, learned Government Pleader for Services-III appearing for Respondents and perused the record.
3. The husband of 2nd petitioner by name K.Venu Gopal Reddy was working as Head Constable. He died while in service on 06.02.2017. Thereafter, petitioners have filed representation, dated 20.06.2017 before the 3rd respondent requesting to provide employment to the 1st petitioner on compassionate grounds. The said representation was rejected vide impugned order on the ground that petitioner No.1 is the married daughter of the deceased- employee. Hence, this writ petition.
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4. The respondents have filed counter affidavit stating that the case of the 1st petitioner for compassionate appointment was rejected as she was the married daughter of the deceased.
5. Counsel for petitioner, in support of his case, has relied on a Division Bench judgment of the High Court of Judicature at Hyderabad in Commissioner of Police, Hyderabad City and others Vs. K.Padmaja 1, wherein, it is held that even the married daughter of a deceased employee who died in harness is entitled for compassionate appointment if she is not having any definite income and was dependent on her deceased father, even if she resides in a separate house and even if family pension is paid to her mother (the widow of the deceased employee).
6. In view of the aforesaid Division Bench judgment, this Court is of the considered view that the 1st petitioner is entitled for compassionate appointment in view of the death of her father while in service.
7. Accordingly, this writ petition is allowed directing the 2nd respondent to provide compassionate appointment to the 1st petitioner within a period of eight (08) weeks from the date of receipt of a copy of this order. No costs.
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2013 (4) ALT 501 (D.B.)
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Pending miscellaneous applications, if any, shall stand closed.
_________________ JUVVADI SRIDEVI, J Date:20.10.2023 Ksk