K. Pravalika vs The State Of Telangana
2023 Latest Caselaw 3364 Tel

          THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

                   WRIT PETITION No.8011 of 2019

ORDER:

This writ petition is filed seeking to declare the action of the 2nd

respondent / District Prohibition and Excise Officer, Nalgonda in

issuing the impugned proceedings, dated 19.05.2018 rejecting the

application of petitioners for providing employment under

compassionate grounds to the 1st petitioner as illegal and arbitrary.

2. I have heard the submissions of Sri Akkam Eshwar, learned

counsel representing Smt. K.Balamani, Counsel for the petitioner,

learned Government Pleader for Services-III appearing for

Respondents and perused the record.

3. The husband of 2nd petitioner by name K.Venu Gopal Reddy

was working as Head Constable. He died while in service on

06.02.2017. Thereafter, petitioners have filed representation, dated

20.06.2017 before the 3rd respondent requesting to provide

employment to the 1st petitioner on compassionate grounds. The

said representation was rejected vide impugned order on the ground

that petitioner No.1 is the married daughter of the deceased-

employee. Hence, this writ petition.

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                                                         W.P.No.8011 of 2019

4. The respondents have filed counter affidavit stating that the

case of the 1st petitioner for compassionate appointment was

rejected as she was the married daughter of the deceased.

5. Counsel for petitioner, in support of his case, has relied on a

Division Bench judgment of the High Court of Judicature at

Hyderabad in Commissioner of Police, Hyderabad City and

others Vs. K.Padmaja 1, wherein, it is held that even the married

daughter of a deceased employee who died in harness is entitled for

compassionate appointment if she is not having any definite income

and was dependent on her deceased father, even if she resides in a

separate house and even if family pension is paid to her mother (the

widow of the deceased employee).

6. In view of the aforesaid Division Bench judgment, this Court is

of the considered view that the 1st petitioner is entitled for

compassionate appointment in view of the death of her father while

in service.

7. Accordingly, this writ petition is allowed directing the 2nd

respondent to provide compassionate appointment to the 1st

petitioner within a period of eight (08) weeks from the date of receipt

of a copy of this order. No costs.

    2013 (4) ALT 501 (D.B.)
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                                                  W.P.No.8011 of 2019

Pending miscellaneous applications, if any, shall stand closed.

_________________ JUVVADI SRIDEVI, J Date:20.10.2023 Ksk