Citation : 2023 Latest Caselaw 3457 Tel
Judgement Date : 31 October, 2023
THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 27093 of 2023
ORDER:
In this writ petition, the petitioners are seeking a writ of
mandamus declaring the order dated 28.08.2023 in rejecting
the application of the Petitioner No.1 for dependent employment
to the Petitioner No.2, as illegal, arbitrary and to pass such
other order or orders in the interest of justice.
2. Learned counsel for the petitioners submitted that
initially the husband of Petitioner No.1 was working with the
respondent's Corporation and after his death while in service,
his son Pachipala Praveen was given dependent employment in
the year 2017. However, after completion of two years of service,
he died on 25.07.2020 and subsequently, her elder daughter by
name Uma Devi also died and the Petitioner No.2 is the only
remaining family member who is eligible for dependent
employment and she is the only family member to look after the
Petitioner No.1.
3. Learned counsel for the petitioners further
submitted that in similar circumstances, this Court in
PMD,J W.P.No. 27093 of 2023
W.P.No.19770 of 2023, dated 04.08.2023/22.09.2023 and also
in W.P.No.21801 of 2023, dated 11.08.2023, has allowed the
writ petitions after considering the Judgment of Jharkhand
High Court in the case of Madhubala Sinha Vs. Central Coal
Fields Limited in L.P.A.No.617 of 2017, dated 16.09.2019
which has been upheld by the Hon'ble Supreme Court by
dismissing the SLP. The copies of the said orders were also filed
along with this writ petition.
4. Heard the Learned Government Pleader for
Services-II appearing for the respondent No.1 and Learned
Standing Counsel appearing for the respondents No.2 to 5.
5. Having regard to the fact that in similar
circumstances, this Court in W.P.No.19770 of 2023, dated
04.08.2023/22.09.2023 and also in W.P.No.21801 of 2023,
dated 11.08.2023 has already allowed the writ petitions, the
present writ petition is also allowed by directing the
respondents to consider the representations of the Petitioner
No.1 dated 22.09.2021 & 02.05.2022 for compassionate
appointment to the Petitioner No.2, if she is otherwise eligible.
The copy of the order of this Court in W.P.No.19770 of 2023,
PMD,J W.P.No. 27093 of 2023
dated 04.08.2023/22.09.2023, shall be annexed to this order
for ready reference.
6. Accordingly, this writ petition is allowed. There
shall be no order as to costs.
7. Miscellaneous petitions, if any, pending in this writ
petition, shall stand closed.
____________________________ JUSTICE P.MADHAVI DEVI Date: 31.10.2023 bak
PMD,J W.P.No. 27093 of 2023
THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 27093 of 2023
Dated: 31.10.2023
bak
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