Andhra Pradesh High Court - Amravati
Boppana Padmanjani vs The State Of Andhra Pradesh on 4 November, 2022
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
THE HON'BLE SRI JUSTICE G. RAMAKRISHNA PRASAD
WRIT PETITION No. 35834 OF 2022
ORDER:
Heard Sri R.Venkatesh, Ld. Counsel
representing Sri Jada Sravan Kumar, Ld. Counsel for the
Writ Petitioner and Sri Y.Srinivasa Rao, Ld. Assistant
Government Pleader for Services-III.
2. The Writ Petitioner is seeking employment on
Compassionate grounds. The case of the Writ Petitioner is
that her mother was an Employee (Woman Mazdoor) in
YRC Sub-Division No.3, Yeleswaram, East Godavari
District; her mother died in harness on 17.12.2019; the
Writ Petitioner who is married to one M.Mahesh Babu,
made Applications on 03.11.2020 and on 18.02.2022
seeking Employment on Compassionate grounds, her
qualification being Diploma in General Nursing, Midwifery
(Nurse); and that by Order dated 06.05.2022 her request
for Compassionate Appointment was rejected (Ex.P1).
3. Sri R.Venkatesh, Ld. Counsel submits that the
Applicant submitted the Applications along with Order of
this Court dated 26.02.2021 in W.P.No.10340 of 2014
wherein and whereby the word 'unmarried' which is a
condition for being eligible for seeking Compassionate
Appointment, has been struck down as unconstitutional by
the learned Single Judge of this Court as being arbitrary,
discriminatory and unjust and violative of Articles 14, 15,
16 and 21 of Constitution of India. Apart from this Order
that was also submitted along with the Application, Sri
R.Venkatesh, Ld. Counsel has also drawn the attention of
this Court to another Order of this Court dated Nil-
February, 2022 in W.P.No.26946 of 2021.
4. Sri Y.Srinivasa Rao, Ld. Assistant Government
Pleader for Services-III sustained the Rejection Order on
the basis of reasoning given therein that the explanations
given by the husband of the Writ Petitioner are self
contradictory as regards the contribution of a portion of his
income to his wife. He has placed on record the Judgment
rendered by the Hon'ble Supreme Court in The State of
Maharashtra and another vs. Ms.Madhuri Maruti
Vidhate (Since after marriage smt. Madhuri Santosh
Koli) (2022 LiveLaw (SC) 820) to state that the married
daughter would not be entitled for an employment on
compassionate grounds.
5. Having perused the reasoning that is given by
the Respondents for rejecting the Application of the Writ
Petitioner and having gone through the Judgments placed
on record by the Writ Petitioner and Respondents, this
Court is of the view that the Rejection Order dated
06.05.2022 (Ex.P1) cannot be sustained in law and hence
it is quashed. As regards the Judgment of the Hon'ble
Apex Court in Civil Appeal No.6938 of 2022, dated
30.09.2022 placed on record by the Ld. Counsel for the
Respondents, this Court is of the opinion that the
Judgment may not be helpful for the case of the
Respondents for the simple reason that the facts of the
case therein are to the effect that the Applicant sought
compassionate Appointment several years after the death
of the mother. Whereas, in this case on hand the mother
of the Writ Petitioner died on 17.12.2019 whereas the first
Application was submitted by the Writ Petitioner on
03.11.2020 followed by another Application on 18.02.2022.
Therefore, this Court is of the view that the daughter
namely the Writ Petitioner has approached the Authorities
soon after the death of her mother.
6. In this view of the matter the Respondents are
directed to reconsider the Application particularly in the
light of the two Judgments rendered by this Court in
W.P.No.10340 of 2014, dated 26.02.2021 and
W.P.No.26946 of 2021, dated Nil-February, 2022 and also
the Judgment placed by the Ld. Counsel for the
Respondents in Civil Appeal No.6938 of 2022 dated
30.09.2022. The Writ Petitioner may submit a fresh
Application within two weeks from the date of receipt of
this Order to the Respondent No.4 (Competent Authority)
along with a copy of this Order. Upon receipt of the said
Representation, the Authorities shall dispose of the
Application of the Writ Petitioner within a period of four
(04) weeks by a speaking Order in accordance with law.
7. Accordingly, the Writ Petition is disposed of as
above. There shall be no order as to costs.
8. Interlocutory Applications, if any, stand
disposed of in terms of this order.
________________________________
G. RAMAKRISHNA PRASAD, J
Dt: 04.11.2022.
SDP
THE HON'BLE Mr. JUSTICE G. RAMAKRISHNA PRASAD
WRIT PETITION No. 35834 OF 2022
04.11.2022
SDP
