HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.18713 OF 2022

ORDER:

Heard Sri C.Rajashekhar Reddy, learned counsel

appearing on behalf of the petitioner and Sri A.Veeresh Kumar, learned standing counsel appearing on behalf of

the respondents.

2. The petitioner approached the Court seeking prayer

as under:

“…to issue an appropriate Writ, Order of direction, preferably one in the nature of Writ of Mandamus and to declare the impugned Memo No.13188/C1/2021-22/621, dt. 9-2-2022 of the 1st respondent by rejecting the case of the petitioner under compassionate grounds without following the Govt. Memo No. 406/10A.1/Admn.II/2004, dt. 20-3-2004 the action of the respondents is highly illegal arbitrary, unreasonable, discriminatory and also in violation of principles of natural justice and without any application of mind and also in violation of Art. 14, 16 and 21 of the Constitution of India and declare the same as bad-in-law and set aside the same and consequently direct the respondents to appoint the petitioner under compassionate appointment by strictly following the Govt. Memo No. 406/10A.1/Admn.II/2004, dt. 20-3- 2004 and also by following this Honble Court Judgments in W.P.No.16242 of 2013, dt. 28-6-2013 and W.P.No.4155 of 2021 dt. 18-08-2021 and with all

consequential benefits and to pass…”

3. The case of the petitioner in brief is that the petitioner’s mother was appointed as NMR on 01.01.1995, thereafter her services were regularized and subsequently promoted as General Purpose Employee. The petitioner’s mother died on 02.05.2021, while in service, due to the COVID complications. It is the further the case of the petitioner that petitioner, who is a divorcee and has 2 children, was dependent on petitioner’s mother. Later on, on the death of petitioner’s mother the petitioner submitted an application on 07.06.2021 to the 1st Respondent seeking employment on compassionate grounds but the same was rejected vide Memo No:13188/C1/2021-22/621 dated 09.02.2022 by the 1st Respondent on the ground that the petitioner is a married daughter of the deceased employee. Aggrieved by the same the petitioner preferred the present writ petition.

4. PERUSED THE RECORD.

A. The impugned Memo No.13188/ C1/ 2021-22/ 621, dated 09.02.2022 issued by the Director(Personnel), Hyderabad Metropolitan Water Supply & Sewerage Board is extracted hereunder:-

In the reference 1^st cited, the Chief General Manager(Engg) O&M Cir-V has submitted the application of Smt.K. Malleshwari D/o.(L).Smt.G.Anuradha, GPE(P&A) for appointment on compassionate grounds.

Further after proper scrutiny of the documents submitted by the CGM(E) O&M.Cir-V it has came to notice that:

1. Smt.K.Malleshwari Dio.(L).Smt.G.Anuradha, GPE(P&A) is a Married daughter as per the documents submitted by her like Family Member Certificate & Financial Status certificate.

2. No-objection declaration given by her sisters declaring that she is a married daughter and house-wife of Sri.K.Surender.

3. Smt.K.Malleshwari D/o.(L).Smt.G.Anuradha has not submitted any divorce certificate from any court of law except the Memorandum of understanding dt. 16.08.2021 which was entered after the death of her mother.

I n the reference 2nd cited the Government has clarified that once marriage is performed, a married daughter is not dependent on her father/ mother even if she is un-employee or her husband is un- employee. A married daughter is dependent on her father / mother if she is living with her father/ mother when her husband deserts her or disappears for years together or dies. I n such cases, the husband should not have left any property / income to his wife and the married daughter is solely dependent on the support provided by her father/ mother and is an un-employee.

Therefore the request of Smt K.Malleshwari D/o.(L).

Smt. G.Anuradha, GPE (P&A) for appointment on compassionate grounds cannot be considered as per rules as she was not dependent on her mother at the time of her death and the Chief General Manager (En