THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.23293 of 2023
ORDER:
In this Writ Petition, the petitioners are seeking a direction to the respondents to consider the case of petitioner No.2 for compassionate appointment with the respondent- company.
2. Learned counsel for the petitioners has submitted that petitioner No.1 is the mother and petitioner No.2 is the sister of deceased Mr. P. Prudvi Raj. The son of petitioner No.1, Mr. P. Prudvi Raj was appointed in the respondent-company as Artisan Grade-I in the year 2017 and after completion of two (02) years of service, he died on 12.07.2019 while in service and due to this incident, the 1st petitioner's husband Mr. Lakshman got a paralysis stroke and he was completely bed-ridden.
3. Learned counsel for the petitioners further submitted that late Mr. P. Prudvi Raj was un-married and petitioner No.2 is the daughter of petitioner No.1, and petitioner No.1 her husband and petitioner No.2 are the only legal heirs of deceased Mr. P. Prudvi Raj. Petitioner No.1 made a representation dated 05.07.2021 to the respondents to consider petitioner No.2 for compassionate appointment, but the same has been rejected vide memo dated 2 24.04.2023 observing that petitioner No.2, is the married sister of the deceased employee, and hence is not eligible for dependent employment.
4. Learned counsel for the petitioners submitted that in similar circumstances, this Court in W.P.No.19770 of 2023, held that when there is no other eligible dependent of the deceased employee, who himself has been appointed on the compassionate grounds, the married sister also can be considered for compassionate appointment. Learned counsel has also relied upon the judgement of Jharkhand High Court in Madhubala Sinha Vs. Central Coal Fields Limited in L.P.A.No.617 of 2017 dated 16.09.2019, wherein it was held that married sister of an unmarried employee can also be considered for compassionate appointment. It is also further submitted that the said issue was carried in an appeal before the Hon'ble Apex Court by filing Special Leave Petition in Civil Appeal No.29678 of 2019 however the said Special Leave Petition was dismissed vide orders dated 12.11.2021. Therefore, taking into consideration the judgment of Jharkhand High Court, learned counsel prayed this Court to grant similar relief as granted in W.P.No.19770 of 2023 to the petitioners herein.
5. Mr. R. Vinod Reddy, learned Standing Counsel appearing 3 for respondent Nos.2 to 4 is also heard.
6. Having regard to the fact that under similar circumstances, this Court, by order dated 04.08.2023, has granted relief in W.P.No.19770 of 2023 to the petitioners therein, the respondents are, therefore, directed to reconsider the case of petitioner No.2 for Compassionate Appoinment in the light of the order of this Court in W.P.No.21801 of 2023 dated 11.08.2023. A copy of the order in W.P.No.19770 of 2023 dated 04.08.2023 shall be annexed to this order for ready reference.
7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall also stand closed.
____________________________ JUSTICE P.MADHAVI DEVI Date:04.09.2023 TU 4 341 THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No.23293 of 2023 Date:04.09.2023 TU