The court held that a widowed daughter-in-law is entitled to compassionate appointment as she is an integral part of the family, challenging the exclusion as discriminatory under Articles 14, 15, and 16.

ORDER :

(SUMATHI JAGADAM, J.)

The Writ Petition is filed by the petitioner seeking to call for the records relating to G.O.Ms.No.612, General Administration (Services-A) Department, dated 30.10.1991, insofar as the policy relating to compassionate appointment being constitutionally impermissible to the extent of exclusion of daughter-in-law (widowed) is concerned and its consequential Notice in ROC No.582/2016/F1, dated 05.10.2016, issued by the 3^rd respondent and quash the same as illegal, arbitrary, discriminatory, impermissible and subversive of Articles 14, 15 and 16 of the Constitution of India and also contrary to law and consequently include the category of daughter-in-law (widowed) in the fray of consideration by the State Government for providing compassionate appointments along with other categories and direct the respondents to consider the case of the petitioner for providing compassionate appointment consequent on the death of her mother-in-law viz., S. Kullayamma P.H. Worker, Rayadurg Municipality, Anantapuramu District.

Brief facts of the case

2. The petitioner is the wife of S. Kullayamma's elder son, who passed away from a heart attack on August 16, 2005. While working as a P.H. Worker in Rayadurg Municipality, the petitioner's mother-in-law died on November 12, 2011. The petitioner's mother-in-law had two sons, both of whom predeceased her. The petitioner has two sons and a daughter who depends on the income derived from her mother-in-law.

3. The petitioner states that after her mother-in-law's death on 12.11.2011, the petitioner has submitted a representation on 14.02.2012, requesting an appointment on compassionate grounds. Furthermore, the petitioner asserts that the younger son's wife of her mother-in-law has issued a No Objection Certificate to facilitate the compassionate appointment for the petitioner. As the 3^rd respondent has not acted on her representation, dated 14.02.2012, the petitioner submitted another representation to the Government. Subsequently, the 3^rd respondent issued proceedings in ROC No.582/2016/F1, dated 05.10.2016, informing the petitioner that, according to the orders issued in G.O.Ms.No.687, dated 03.10.1977, the compassionate appointment can be provided only to a wife, son, or unmarried daughter; therefore, it is not feasible to grant a compassionate appointment to the petitioner in place of her mother-in- law. The present Writ Petition is filed to question the impugned notice that rejected the petitioner's case for compassionate appointment.

4. Learned counsel for the petitioner argues that a daughter-in-law becomes an integral part of her husband's family after marriage. G.O.Ms.No.687, dated 03.10.1977, states that compassionate appointments can only be provided to the wife, son, or unmarried daughter of the deceased government servant.

5. Later, the Government issued G.O.Ms.No.612, dated 30.10.1991, which included certain categories beyond wife, son, or unmarried daughter, such as brother, sister, and widowed daughter. These categories were included as preferential categories for providing compassionate appointments because they were also family members. However, the daughter-in-law was not considered part of the family. After marriage, the daughter-in-law becomes an integral part of the family, requiring similar support as that provided to sons, daughters, or married daughters.

6. The primary purpose of extending compassionate appointment benefits to the dependents of deceased Government Servants is to relieve the family from distress and destitution caused by the death of the family's sole breadwinner. The mother-in-law of the petitioner lost her husband and two sons before her death. The petitioner is her elder daughter-in-law and her family consists of her sons and daughter, who depended entirely on her mother-in-law‟s income. Aside from that income, they have no other earning family members or properties. Her husband passed away due to a heart attack on 16.08.2005. The learned co