HIGH COURT OF ANDHRA PRADESH
R. SUBHASH REDDY & A.V. SESHA SAI, JJ.
Commissioner of Police & Others
Versus
K. Padmaja
Writ Petition No.16242 of 2013
Decided on: 20-06-2013
Service Laws – Compassionate Appointment – Respondents in O.A. have filed this writ petition, aggrieved by order, passed by Andhra Pradesh Administrative Tribunal, Hyderabad in the said O.A – Tribunal has allowed application filed by the respondent herein by setting aside proceedings issued by Commissioner of Police, City in Rc. with a direction to petitioners herein to appoint respondent/applicant, to a suitable post taking into consideration her educational qualifications and community – Held, No valid reasons were recorded by authorities, to reject claim of applicant for compassionate appointment – No reasons were added to support order passed by authorities – There is no other material to show that she is having definite income on her own – Husband is stated to be unemployed – Applicant is not entitled for compassionate appointment – Merely because family pension is being paid to wife of deceased, same is not a ground to deprive benefit of compassionate appointment under this scheme notified by Government for children of deceased who die in harness – Court do not find any valid ground to interfere with the order of the Tribunal – Writ Petition Dismissed
R. Subhash Reddy, J.
The respondents in O.A.No.6938 of 2012 have filed this writ petition, aggrieved by the order dated 04.12.2012, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in the said O.A.
By the aforesaid order, the Tribunal has allowed the application filed by the respondent herein by setting aside the proceedings issued by the Commissioner of Police, Hyderabad City in Rc.No.L&O/E3/649/2010, dated 25.11.2010, with a direction to the petitioners herein to appoint the respondent/applicant, to a suitable post taking into consideration her educational qualifications and community.
The father of the respondent/applicant by name Sri K.Ramachandra Raju worked as Head Constable in Amberpet Police Station, Hyderabad City. He died while in service on 02.04.2010, leaving behind his widow and three married daughters. The respondent herein is the eldest of the three daughters. The respondent and her mother made application seeking appointment of the respondent on compassionate grounds as per the scheme notified by the Government in G.O.Ms.No.687, dated 03.10.1977 which was later clarified extending the benefit even to a married daughter by G.O.Ms.No.350, dated 30.07.1999, Memo No.116417/Ser.A/2003-1, dated 08.10.2003 and Memo No.406/10/A.1/Admn.11/2004, dated 20.03.2004. But the said application is rejected by a three line order by the Commissioner of Police, Hyderabad vide Memo No.L&O/E3/649/2010, dated 25.11.2010, stating that as per rules , the respondent is not eligible for compassionate appointment.
Challenging the said memo, the respondent/applicant approached the Tribunal. Before the Tribunal, the case of the petitioners herein is that as per the instructions issued by the Finance Department vide Memo No.406/10/A.1/Admn.11/2004, dated 20.03.2004, unless the married daughter is dependent on her mother/father, she is not entitled for appointment on compassionate grounds.
Considering the contentions advanced before the Tribunal and referring to the reports submitted by the Station House Officer, Ghatkesar Police Station, as per the instructions of the Commissioner of Police, Hyderabad city, wherein it is reported that the applicant is residing with her husband in the house of her late father along with her mother and both the applicant and her husband are unemployees and are financially week, the Tribunal recording a finding that there is no reason to reject the claim of the applicant and allowed the O.A, while setting aside the impugned proceedings therein vide R.C.No.L&O/E3/649/2010, dated 25.11.2010.
Heard the learned counsel for both the parties, and perused the material on record including the additional material papers placed before this Court today.
In this writ petition, it is submitted by the learned Special Government Pleader appearing on behalf of the Advocate General that the respondent is not entitled for any appointment on compassionate grounds, as she did not place any material to show that she was dependent on her father. It is further submitted that further enquiries revealed that she is not staying along with her mother who is the wife of the deceased and is staying separately.
On the other hand, the learned counsel appearing for the respondent submitted that as per the scheme notified by the Government, even married daughters are entitled for appointment on compassionate grounds and that the applicant as well as her husband, who were, unemployed, were dependant on the deceased employee. As per the scheme notified by the Government, since the benefit of compassionate appointment to the children of the deceased employee was extended to married daughters also, to rescue the family from immediate financial troubles, the respondent/applicant is entitled for appointment on compassionate grounds. When the petitioners herein rejected the claim of the respondent/applicant without recording any reasons, on the application filed by her, the Tribunal considered the matter by the order impugned
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