Andhra Pradesh High Court - Amravati
G Jayalakshmi vs The State Of Andhra Pradesh on 13 September, 2022
Bench: K Manmadha Rao
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
WRIT PETITION NO.29346 OF 2022
ORDER:
This writ petition is filed, under Article 226 of the
Constitution of India, seeking the following relief:
".....to issue a writ, order or direction more particularly one
in the nature of Writ of Mandamus, declaring the impugned
action of the respondents particularly the 2nd respondent, in
not considering the case of 2nd petitioner for
Compassionate Appointment only on the ground that she is
married daughter of the deceased employee and further
inspite of 2nd petitioner being divorced vide decree of
divorce dt.02.12.2021 in H.M.O.P.123/2021 on the file of
Principal Senior Civil Judge, Tirupathi, which action is
illegal, arbitrary and violative of Article 14 and Article 16 of
Constitution of India and consequently direct the
respondents to consider the case of the 2nd petitioner for
Compassionate Appointment, without rejecting only on the
ground that 2nd petitioner is a married daughter as per
judgement in W.P.No.10340 of 2014, dt.26.02.2021."
2. Learned counsel for the petitioners submits that the
husband of the 1st petitioner and the father of the 2nd petitioner
was appointed in the 2nd respondent - Devasthanam on
temporary basis as Attender/Office Subordinate on 24.8.1992.
Later, his services were regularized on 27.8.1994. While he was
in service, he was died on 23.6.2021 due to Covid. He was
survived with his wife and four daughters and all the daughters
were married. However, the 2nd petitioner is the 1st daughter of
the deceased employee and her marriage was performed on
9.2.2009, Later, she has marital dispute with her husband and got
separated through agreement dated 16.12.2016. As the father of
2nd petitioner has expired while in service, she has submitted an
application seeking compassionate appointment in the prescribed
format on 7.7.2021 along with NOC given by her mother and
sisters. But, her case was not considered on the ground that she
declared her marital status as married in her application. As the
respondent-Devasthanam insisted for divorce through Court, she
applied for mutual divorce by filing H.M.O.P.No.123 of 2021
before the Principal Senior Civil Judge, Tirupati and the same
was granted vide order dated 2.12.2021. The 2nd petitioner
submitted the said decree of divorce to the respondents, but no
action has been taken. Hence, the writ petition.
3. Ms. Maheswari, learned counsel representing Mr.Anup
Koushik Karvadi, learned Standing Counsel for the 2nd
respondent sought time for getting instructions in the matter.
4. Heard both sides and perused the material on record.
5. This matter pertains to compassionate appointment. The
2nd petitioner submitted her representation to the 2nd respondent
on 07.07.2021 seeking compassionate appointment, but no
orders are passed so far.
6. It is observed that Mr.Anup Koushik Karvadi, learned
Standing Counsel for the 2nd respondent, is not appearing
personally before this Court, though he was instructed to appear.
In all the matters pertaining to TTD and Electricity, he is
representing through proxy, which is not acceptable. The
Standing Counsel appearing for the Institution has to appear
personally before this Court.
7. Learned counsel for the petitioner submits that suffice if a
direction is given to the 2nd respondent to consider and pass
appropriate orders on the representation dated 07.07.2021 of the
petitioner for compassionate appointment, in terms of the
Judgment dated 26.2.2021 passed in W.P.No.10340 of 2014, by
stipulating the time period.
8. Having regard to the facts and circumstances and without
touching the merits of the case, the 2nd respondent is directed to
consider and pass appropriate orders on the representation dated
07.07.2021 of the 2nd petitioner for compassionate appointment,
in terms of the Judgment dated 26.02.2021 passed in
W.P.No.10340 of 2014, within a period of (06) six weeks from the
date of receipt of the order.
9. Accordingly, the writ petition is disposed of at the
admission stage. No costs.
As a sequel, miscellaneous applications pending, if any,
shall stand closed.
_______________________
Dr. K. MANMADHA RAO, J
Date: 13.09.2022
HS
THE HON'BLE DR.JUSTICE K.MANMADHA RAO
WRIT PETITION NO.29346 OF 2022
Date 13.09.2022
HS
