IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Sarath, J.
G. Sowmya - Petitioner
Versus
The State of Telangana represented by its Principal Secretary to Government, Home (Services-IV) Department - Respondents
Writ Petition No.100 of 2021
Decided On : 06-03-2023
Deceased Government employee - Compassionate appointment - Application to respondent No.2 with a request to provide compassionate appointment to petitioner - Held, Scheme of compassionate appointment provides sole objective to provide immediate succor to family which may suddenly find itself in dire straits as a result of death of bread winner - Compassionate employment cannot be granted as a matter of course by way of largesse irrespective of financial condition of deceased/incapacitated employee's family at time of his death or incapacity, as case may be - Compassionate employment is permissible only to one of dependants of deceased/incapacitated employee - Compassionate appointment scheme was introduced in G.O.Ms., General Administration (Services-A) Department and there was no provision to provide compassionate appointment to married daughter - Petitioner is not eligible to seek compassionate appointment and respondents have rightly rejected case of petitioner - Petition dismissed.
ORDER:
Heard the Learned Counsel for the petitioner and Sri M.V.Rama Rao, Learned Special Government Pleader for Home appearing for the respondents.
2. The Learned Counsel for the petitioner submits that the petitioner is the daughter of Late G.A.Shyam Sunder who died in harness while working as Assistant Manager, GCP, Hyderabad on 12.03.2018. The petitioner possesses B.Com degree and she is fully eligible and qualified for appointment on compassionate grounds consequent to the demise of her father. Though the Petitioner got married in the year 2007, differences cropped up immediately in the same year and the Petitioner is living with her parents till date, as her husband deserted her even before the demise of her father. She is solely dependent on her parents as is evident from the contents of No-income, Dependent and Non-remarried certificate issued by the Tahsildar, Musheerabad Tahsil, Hyderabad vide Proceedings No.F/4483/2018 dated 16.10.2018. The Petitioner has no other means to eke out her livelihood.
3. The Learned Counsel for the petitioner further submits that after the demise of the father of the petitioner, her mother made an application dated 23.06.2018 to the respondent No.2 with a request to provide compassionate appointment to the petitioner, as there is no other earning member in the family. Similar applications dated 23.06.2018 and 06.10.2018 were made by the petitioner to the respondent No.2. A joint application was submitted by the mother of the petitioner and brother to similar effect on 06.10.2018. The aforementioned request was forwarded to Government by the respondent No.2 vide Proceedings dated 31.10.2018. After keeping the matter pending for nearly one and half years, the respondent No.1 issued rejection order vide impugned Memo No.12228/Ser-IV/A2/2018 dated 16.01.2020. Hence, this Writ Petition.
4. The Learned Special Government Pleader for Home submits that the rejection order issued by the Government as per the instructions in Memo No.60681/Ser.A/2003-1, dated 12.08.2003 and G.O.Ms.No.350, General Administration (Services-A) Department, dated 30.07.1999.
5. The Learned Special Government Pleader further submits that as per the Family Members Certificate dated 06.06.2018 issued by the Tahsildar, Musheerabad Mandal, Revenue Department and the Financial Status Certificate vide Lr.No.A/3337/2018, dated 26.09.2018 issued by the Revenue Divisional Officer, Secunderabad Division, it was clearly mentioned that the petitioner is having a younger brother.
6. After hearing both sides, this Court is of the considered view that the respondents relied on the Government Memo No.60681/Ser.A/2003-1, dated 12.08.2003 and rejected the case of the petitioner. In the said Memo, it is clearly mentioned that when there is only a married daughter to the deceased Government employee without older or younger brothers or sisters and the spouse of the deceased Government employee is not willing to avail the compassionate appointment, such married daughter may be considered for compassionate appointment.
7. The scheme of compassionate appointment provides the sole objective to provide immediate succor to the family which may suddenly find itself in dire straits as a result of the death of the bread winner. Therefore, the compassionate employment cannot be granted as a matter of course by way of largesse irrespective of the financial condition of the deceased/incapacitated employee’s family at the time of his death or incapacity, as the case may be. The compassionate employment is permissible only to one of the dependants of the deceased/incapacitated employee.
8. The compassionate appointment scheme was introduced in G.O.Ms.No.687, General Administration (Services-A) Department, dated 03.10.1977 and there was no provision to provide compassionate appointment to the married daughter. Subsequently, the Government extended the said benefit to the married daughter, where there is no having older or younger brothers or sisters. The Go
Compassionate appointment for married daughters is limited by eligibility criteria, specifically the presence of siblings and the family's financial condition, as per relevant government orders.
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 ....
Compassionate appointments -If - 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 shou....
Compassionate appointment is an exception to the general rule and must adhere to the norms laid down by the State's policy, considering the relevant scheme prevalent on the date of the employee's dem....
The interpretation of eligibility criteria for compassionate appointment should allow either condition of dependence or support to be met, rather than requiring both simultaneously.
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