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.

ORDER :

K.SARATH, J.

Heard the Learned Counsel for the petitioner and Sri G.Narender Reddy, Learned Standing Counsel for Hyderabad Metropolitan Water Supply and Sewerage Board (HMWS & SB) appearing for the respondent No.1 and the Learned Government Pleader for Services-III appearing for the respondent No.2.

2. The Learned Counsel for the petitioner submits that the petitioner is the daughter of Late Smt.Susheela Bai who died in harness while working as GPE (P & A) on 10.03.2017. The petitioner is fully eligible and qualified for appointment on compassionate grounds consequent to the demise of her mother. Though the Petitioner got married in the year 2004, differences cropped up immediately in the same year and the Petitioner lived with her mother as her husband deserted her at the time of demise of her mother. 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 mother of the petitioner, she made an application to the respondent No.1 with a request to provide compassionate appointment to her, as there is no other earning member in the family. Thereafter, the respondent No.1 issued rejection order vide impugned Memo No.4110/C1/2018/5630, dated 04.09.2018. Hence, this Writ Petition.

4. The Learned Counsel for the petitioner further submits that in V.Shashi Kala Vs. District Collector , [2019 (3) ALD 338 (DB)] where the candidature of the petitioner therein who was a married daughter of the deceased employee therein was rejected on similar grounds as in the instant case, this Court has held that the petitioner therein who was certified by the Revenue Department to be dependent on her father is eligible to get compassionate appointment and requested to allow the Writ Petition.

5. The Learned Standing Counsel for the respondent No.1 submits that the rejection order issued basing on the Government instructions and G.O.Ms.No.350, General Administration (Services-A) Department, dated 30.07.1999.

6. The Learned Standing Counsel further submits that as per the Family Members Certificate dated 04.05.2017 issued by the Tahsildar, Bandlaguda Mandal, it was clearly mentioned that the petitioner is having two elder sisters, one younger sister and one younger brother.

7. 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.

8. 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.

9. 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