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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUMATHI JAGADAM
K. Hamakshi, W/o. Late H. Vannurappa – Appellant
Versus
State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department – Respondent
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 3rd 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
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....
The court established that the definition of 'family' in compassionate appointment rules must include widowed daughters-in-law to ensure fairness and address financial distress.
The main legal point established in the judgment is that the term 'widowed daughter' includes 'widowed daughter-in-law' as a 'dependent' under Rule 2(c) of the Rajasthan Compassionate Appointment of ....
The court ruled that 'daughter-in-law' qualifies as a dependent under the Rajasthan Compassionate Appointment Rules, emphasizing purposive interpretation to achieve legislative intent.
If the marital status of a son does not make any difference in Law to his entitlement for seeking appointment on compassionate grounds, the marital status of a daughter should make no difference, as ....
Married daughters may seek compassionate appointment, contingent upon proving financial dependency and fulfilling established governmental guidelines.
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