ORDER :

SUREPALLI NANDA, J.

Heard Smt. Rachana Reddy, learned Senior Designated Counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-III, appearing on behalf of respondents.

2. The petitioner approached this Court by filing the present writ petition seeking the prayer as under:

“…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in issuing Letter vide Lr.No.A2/1404/2022 Dt.08.06.2022, thereby rejecting proposal of District Welfare Officer for providing employment to the Petitioner under compassionate grounds, in spite of enclosing all the relevant documents, as illegal, arbitrary, in violation of Article 21 under the Constitution of India, and in violation of principles of natural Justice and consequently direct the respondents to accept the petitioners appointment application and provide employment to the Petitioner for the post of Junior Assistant and pass...”

3. The case of the petitioner, in brief, as per the averments made in the affidavit filed in support of the present writ petition, is as follows:

The petitioner is the daughter of Late Smt. Navapeta Chandramani, who worked as a Contract Supervisor (Extension Officer Grade-II) in the ICDS Project, Jogipet, Medak District, for about 7 years until her demise on 23.06.2021 due to cancer. After her death, the petitioner, being the elder child and legal heir, applied for a compassionate appointment as Junior Assistant in the ICDS or any other suitable department. The petitioner submitted all necessary documents including NOC from other legal heirs, income and unemployment certificates, and educational qualifications. The District Welfare Officer forwarded the proposal vide letter Lr.No.54/A1/2022 dated 19.04.2022 to the District Collector, but it was returned stating to take necessary action as per rules in vogue. Thereafter, the application of the petitioner was rejected vide Lr.No.A2/1404/2022 dated 08.06.2022 by the respondents without proper consideration of petitioner’s case. Aggrieved by the same, the petitioner has filed the present writ petition.

4. PERUSED THE RECORD:

(A) The relevant portion of the order impugned vide Lr.No.A2/ 1404/ 2022 dated 08.06.2022 issued by the Collector, Sangareddy District to the District Welfare Officer, WCD & SC Department, Sangareddy District, is extracted under:

“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 maybe considered for compassionate appointment, provided she is dependent on the deceased Government employee.

Where the deceased employee does not have any male child but leaves behind him a married daughter and an unmarried minor daughter, the choice of selecting one of them for appointment under the social security scheme shall be left to the mother.

But, in the instant case, Smt. N.Meena D/ o. Late Smt. M.Chandramani is a married daughter and the deceased employee have a male child as per the Family Member Certificate I ssued by the Tahsildar, Andole vide Mee Seva Certificate No.FAMC022100885183, dated: 04.09.2021.

Therefore, the proposals received through the reference cited are returned herewith with a request to take necessary action into the matter as per rules in vogue.

DISCUSSION AND CONCLUSION :-

5. Smt. Rachana Reddy, learned Senior Designated Counsel appearing on behalf of the petitioner, submits that the petitioner’s application for compassionate appointment on account of the death of her mother, late Smt. M. Chandramani, Supervisor Grade-II, Officer of the CDPO ICDS Project, Sangareddy District, who expired on 23.06.2021 while in service, was returned unilaterally without conducting any enquiry into the petitioner’s eligibility solely on the ground that the petitioner is the married daughter of the deceas