Badugu Suguna vs The State Of Telangana
2023 Latest Caselaw 2112 Tel

           THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI

                  WRIT PETITION No.24034 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

appointment in the respondents-organization on compassionate

grounds consequent to the death of the sole bread earner in the

family.

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.Budugu Nageshwar Rao. The husband of petitioner

No.1 late Mr.Budugu Prasad was an employee in the respondents-

organization. As he died in service, the son of petitioner No. l, Mr.

Budugu Nageshwar Rao was appointed on compassionate grounds

and after completion of three (3) years of service, he also died while

in service.

3. Learned counsel for the petitioners further submitted

that late Mr.Budugu Nageshwar Rao was un-married, petitioner

No.1/his mother and petitioner No.2 who is the daughter of

petitioner No.1 are the only legal heirs of deceased Mr.Budugu

Prasad. Petitioner No.1 made a representation to the respondents

to consider petitioner No.2 for compassionate appointment, but the PMD,J W.P.No.24034 of 2023

respondents are not considering the same by orally stating that

petitioner No.2 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 judgment of Jharkhand High Court in Madhubala Sinha v.

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 (cited supra), learned counsel prayed this Court to

grant similar relief as granted in W.P.No.19770 of 2023 to the

petitioners herein.

5. Mr.P.Sri Harsha Reddy, learned Standing Counsel

appearing for respondent Nos.2 to 4 is also heard.

PMD,J W.P.No.24034 of 2023

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,

respondent Nos.2 to 4 are directed to consider the representation of

petitioner No.1 herein also for compassionate appointment of

petitioner No.2, if she is otherwise eligible. 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, the Writ Petition is disposed of. There shall

be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

_____________________________ JUSTICE P.MADHAVI DEVI Date: 08.09.2023 PRN PMD,J W.P.No.24034 of 2023

THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI

WRIT PETITION No.24034 of 2023

Date: 08.09.2023 PRN