THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.24034 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 appointment in the respondents-organization on compassionate grounds consequent to the death of the sole bread earner in the family.
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.Budugu Nageshwar Rao. The husband of petitioner No.1 late Mr.Budugu Prasad was an employee in the respondents- organization. As he died in service, the son of petitioner No. l, Mr. Budugu Nageshwar Rao was appointed on compassionate grounds and after completion of three (3) years of service, he also died while in service.
3. Learned counsel for the petitioners further submitted that late Mr.Budugu Nageshwar Rao was un-married, petitioner No.1/his mother and petitioner No.2 who is the daughter of petitioner No.1 are the only legal heirs of deceased Mr.Budugu Prasad. Petitioner No.1 made a representation to the respondents to consider petitioner No.2 for compassionate appointment, but the PMD,J W.P.No.24034 of 2023 2 respondents are not considering the same by orally stating that petitioner No.2 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 judgment of Jharkhand High Court in Madhubala Sinha v. 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 (cited supra), learned counsel prayed this Court to grant similar relief as granted in W.P.No.19770 of 2023 to the petitioners herein.
5. Mr.P.Sri Harsha Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4 is also heard.
PMD,J W.P.No.24034 of 2023 3
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, respondent Nos.2 to 4 are directed to consider the representation of petitioner No.1 herein also for compassionate appointment of petitioner No.2, if she is otherwise eligible. 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, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 08.09.2023 PRN PMD,J W.P.No.24034 of 2023 4 43 THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No.24034 of 2023 Date: 08.09.2023 PRN