Married daughters are entitled to consideration for appointment on compassionate grounds, subject to eligibility, and the denial of compassionate appointment based on marriage is not valid under the law.

ORDER :

Heard the learned Senior counsel for the petitioners and the learned counsel for the respondents.

2. It is represented by both the learned counsel for the petitioners and also the counsel for the respondents that the matter in the present writ petition is squarely covered by the judgment of this Court dated 27.07.2022 passed in W.P.No.20859 of 2021 and the present writ petition may also be disposed of in the same lines.

3. Perused the record.

4. The reasoning given in rejecting the petitioner’s request for proving employment on compassionate grounds in various letters issued to the petitioner read as under :

(a) Lr No.6126/Agri.III(1)/2011-3, dated 25.04.2012 reads as under:

“While inviting your attention to the references cited, I am to inform that as per the clarification issued in Govt. Memo No.406/10/A.1/Admn.II/2004, Fin.(Admn.II) Department, dated 20.03.2004 Smt. R. Sai Karunamai D/o (late) R. Sambi Reddy, Co-ordinator, DAATTC, Khammam who is married and living with her husband are un-employees. Therefore, the request of Smt. R. Jayalakshmi W/o late Smt. R.R. Sambi Reddy, Co-ordinator, DAATTC, Khammam to provide appointment on compassionate grounds to her only married daughter Smt R. Sai Karunamai is not feasible for consideration. The original certificates received through reference 4th cited are returned herewith.

2. This letter issues with the concurrence of General Administration (Ser.G) Department vide their U.O.No.2910/Ser.G/A1/2012-1, dated 04.04.2012.”

(b) Lr. No.1720/Agri.III(1)/2017, dated 08.05.2017 reads as under :

“I am to invite attention to the reference cited and it is already informed you vide Government letter No.6126/Agri III(1)-3, dated 25.04.2012 that the married daughter in the instant case was not dependant on the deceased Government Servant, as on the date of death, hence, the request of Smt. R. Sai Karunamai, daughter of deceased for compassionate appointment is not feasible for acceptance.”

(c) Memo No.13964/C.A.Ser.(NT)/A2/2016, dated 05.06.2017 reads as under :

“With reference to the representation 1st cited, Smt. R. Sai Karunamai, only married, daughter of Dr. R. Sambi Reddy who worked as Co-ordinator at District Agricultural Advisory and Transfer of Technology Centre (DAATC), Khammam and expired while in service on 03.05.2010, is informed that, her request for providing employment on compassionate grounds is not feasible for acceptance, as she was not dependant on the deceased Government Servant, as on the date of death, as per the reference 3rd cited (copy enclosed)”

(d) Letter No.A1/37/DAATTC/KMM/2017, dated 13.06.2017 reads as under :

“As per the directions of the Registrar, PJTSAU, Rajendranagar, Hyderabad vide reference 1st cited above, it is to inform you that your request for providing employment on compassionate grounds has not been feasible for acceptance vide reference above. The copies of references 1st and 2nd cited are enclosed herewith for your information.”

5. Under the impugned letters\Memo dated 25.04.2012, 08.05.2017, 05.06.2017 and 13.06.2017, the petitioner No.2 was held not eligible for appointment on compassionate grounds on the premises that petitioner No.2 was married and cannot be treated as dependant. In the Judgment of a Division Bench of this Court in W.P.No.16242 of 2013, dated 20.06.2013, it was held that married daughter is entitled for consideration for appointment on compassionate grounds subject to her eligibility. The same view was taken in a subsequent decision in W.P.No.41931 of 2017 dated 05.06.2018.

6. A Division Bench of Andhra Pradesh High Court dealing with a situation where compassionate appointment was denied to a married daughter on the ground that she did not place any material to show that she was dependent on her father in Commissioner of Police and others v K. Padmaja at para 8 and 9, observed as follows :

8. As evident from the scheme notified by the Government, the dependant children of a deceased Government servant who dies in harness are eligible