Pulugujju Renuka vs The State Of Telangana
2023 Latest Caselaw 1949 Tel

       THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI

               WRIT PETITION No.23293 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 compassionate appointment with the respondent- company.

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. P. Prudvi Raj. The son of petitioner No.1, Mr. P.

Prudvi Raj was appointed in the respondent-company as Artisan

Grade-I in the year 2017 and after completion of two (02) years of

service, he died on 12.07.2019 while in service and due to this

incident, the 1st petitioner's husband Mr. Lakshman got a paralysis

stroke and he was completely bed-ridden.

3. Learned counsel for the petitioners further submitted that

late Mr. P. Prudvi Raj was un-married and petitioner No.2 is the

daughter of petitioner No.1, and petitioner No.1 her husband and

petitioner No.2 are the only legal heirs of deceased Mr. P. Prudvi

Raj. Petitioner No.1 made a representation dated 05.07.2021 to the

respondents to consider petitioner No.2 for compassionate

appointment, but the same has been rejected vide memo dated

24.04.2023 observing that petitioner No.2, is the married sister of

the deceased employee, and hence 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 judgement of Jharkhand High Court in Madhubala

Sinha Vs. 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, learned counsel prayed this Court to grant similar

relief as granted in W.P.No.19770 of 2023 to the petitioners herein.

5. Mr. R. Vinod Reddy, learned Standing Counsel appearing

for respondent Nos.2 to 4 is also heard.

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,

the respondents are, therefore, directed to reconsider the case of

petitioner No.2 for Compassionate Appoinment in the light of the

order of this Court in W.P.No.21801 of 2023 dated 11.08.2023. 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, this Writ Petition is disposed of. There shall

be no order as to costs.

Miscellaneous applications, if any pending, shall also

stand closed.

____________________________ JUSTICE P.MADHAVI DEVI Date:04.09.2023 TU

THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI

WRIT PETITION No.23293 of 2023

Date:04.09.2023

TU