THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.19566 OF 2022

ORDER:

Heard Sri T.P.Acharya, learned counsel appearing on

behalf of the petitioner and the learned Assistant Government Pleader for Services-I I appearing on behalf

of the respondent Nos.1 to 3.

2. The petitioner approached the Court seeking prayer

as under:

“…to issue a Writ, Order or Direction particularly a

Writ, of Mandamus directing the respondents to 1 to 3 to release the amount payable consequent to death of petitioners husband Mr. Mohemmad Ghouse, Office. Subordinate, O/o Executive Engineer, Vig and QC Division, Mission Bhagiratha, Hyderabad and also to consider the case of the petitioner for compassionate appointment forthwith as she is facing lot of financial problem due to

sudden death of her husband and pass…”

3. The case of the petitioner, in brief, as per the averments made in the affidavit filed by the petitioner in

support of the present Writ Petition is as under:

i) The petitioner’s husband Mohd. Ghouse was working as Office Subordinate in the office of the Executive Engineer, Vig &

QC Division, Mission Bhagiratha, Hyderabad and died in service on 14-12-2019.

ii) The petitioner’s first wife, has two daughters and has also been raising a boy, Mohammed Saif, since 2011. After her husband’s death the petitioner applied for compassionate appointment and settlement of benefits. Subsequently, respondent No.4 claimed to be the second wife of the deceased, sought a share in the benefits, and also claimed custody of Mohammed Saif.

iii) The petitioner, being the legally wedded wife and nominee, submitted a representation to the respondents dated 06.03.2020 requesting to release at least 50% of the benefits and for consideration of the case of the petitioner for compassionate appointment, as the petitioner is facing financial hardship. Aggrieved by the inaction of the respondents, the petitioner has filed the present writ petition.

4. PERUSED TEH RECORD:

A) The relevant portion of the representation of the petitioner dated 06.03.2020 addressed to the respondent No.3-the Superintending Engineer, RWS&S, Mission Bhagiratha, Uppal, Hyderabad is extracted hereunder:

“I Smt. Rahana Begum Begum W/o Mohd Ghouse, Office Subordinate, O/o Executive Engineer, Vig&QC Division, Mission Bhagiratha, Hyderabad, submit the following few lines for kind consideration and favourable orders.

I submit that my husband Mohd Ghouse, working as Office Subordinate, O/o Executive Engineer, Vig&QC Division, Mission Bhagiratha; Hyderabad proceed on medical leave 16.04.2019 to 14.12.2019 and expired on 14.12.2019 while in service. In this connection I am to submit that I have passed 6th class and having 36 years and No earning member in my family. Therefore I request sir, kindly appoint me on compassionate ground to the eligible post, the necessary certificate are herewith enclose.

I would ever be thankful and grateful to you sir for your kind consideration and favourable orders.”

DISCUSSION AND CONCLUSION:

5. The limited relief as sought for by the petitioner in the present writ petition is a direction to the respondent No.3 herein to consider the representation of the petitioner dated 06.03.2020 addressed to the respondent No.3 seeking employment on compassionate grounds to the petitioner herein as legally wedded wife of the deceased employee late Mohammed Ghouse.

6. It is the specific case of the petitioner that the petitioner’s husband had proceeded on medical leave during period 16.04.2019 to 14.12.2019 and expired on 14.12.2019 while in service and further that the petitioner had passed 6^th class and therefore, the petitioner seeks consideration of petitioner’s case for appointment on compassionate grounds, since petitioner’s late husband had rendered three decades of service for the respondents herein.

7. Learned Assistant Government Pleader submits that the representation of the petitioner dated 06.03.2020 had been acknowledged by the office of the respondent No.3 on 06.03.2020 itself and t