THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 27093 of 2023
ORDER:
In this writ petition, the petitioners are seeking a writ of mandamus declaring the order dated 28.08.2023 in rejecting the application of the Petitioner No.1 for dependent employment to the Petitioner No.2, as illegal, arbitrary and to pass such other order or orders in the interest of justice.
2. Learned counsel for the petitioners submitted that initially the husband of Petitioner No.1 was working with the respondent's Corporation and after his death while in service, his son Pachipala Praveen was given dependent employment in the year 2017. However, after completion of two years of service, he died on 25.07.2020 and subsequently, her elder daughter by name Uma Devi also died and the Petitioner No.2 is the only remaining family member who is eligible for dependent employment and she is the only family member to look after the Petitioner No.1.
3. Learned counsel for the petitioners further submitted that in similar circumstances, this Court in 2 PMD,J W.P.No. 27093 of 2023 W.P.No.19770 of 2023, dated 04.08.2023/22.09.2023 and also in W.P.No.21801 of 2023, dated 11.08.2023, has allowed the writ petitions after considering the Judgment of Jharkhand High Court in the case of Madhubala Sinha Vs. Central Coal Fields Limited in L.P.A.No.617 of 2017, dated 16.09.2019 which has been upheld by the Hon'ble Supreme Court by dismissing the SLP. The copies of the said orders were also filed along with this writ petition.
4. Heard the Learned Government Pleader for Services-II appearing for the respondent No.1 and Learned Standing Counsel appearing for the respondents No.2 to 5.
5. Having regard to the fact that in similar circumstances, this Court in W.P.No.19770 of 2023, dated 04.08.2023/22.09.2023 and also in W.P.No.21801 of 2023, dated 11.08.2023 has already allowed the writ petitions, the present writ petition is also allowed by directing the respondents to consider the representations of the Petitioner No.1 dated 22.09.2021 & 02.05.2022 for compassionate appointment to the Petitioner No.2, if she is otherwise eligible. The copy of the order of this Court in W.P.No.19770 of 2023, 3 PMD,J W.P.No. 27093 of 2023 dated 04.08.2023/22.09.2023, shall be annexed to this order for ready reference.
6. Accordingly, this writ petition is allowed. There shall be no order as to costs.
7. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
____________________________ JUSTICE P.MADHAVI DEVI Date: 31.10.2023 bak 4 PMD,J W.P.No. 27093 of 2023 120 THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI W.P.No. 27093 of 2023 Dated: 31.10.2023 bak