HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.6504 OF 2023

ORDER:

Heard Sri Baglekar Akash Kumar, learned counsel appearing on behalf of the petitioner, Sri A. Veeresh Kumar, learned Standing Counsel for Hyderabad Metropolitan Water Supply and Sewerage Board (HMWS &

SB) appearing for the respondent Nos.1 and 2.

2. The petitioner filed the writ petition seeking the following relief “… to issue a writ, or order or direction, more particularly one in the nature of Writ of Mandamus, declaration and direction, thereby, declaring the Memo No. 4110/C1/2018/5630 dated 04.09.2018 whereby Respondent No.1 has rejected the candidature of the Petitioner for appointment on compassionate grounds in any suitable position in Hyderabad Metropolitan Water Supply and Sewerage Board, as illegal, arbitrary, unjust, violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and contrary to judgment of this Honble Court in V. Shashi Kala Vs District Collector, 2019 (3) ALD 338 (DB), and consequently direct the Respondent No.1 to recruit the Petitioner on compassionate grounds in any suitable position in Hyderabad Metropolitan Water Supply and Sewerage Board, and pass....”.

3. The case of the petitioner, in brief, is that the mother of the petitioner by name Smt. Susheela Bai was working as GPE (P&A) in respondent No.1 Department since 12.03.1988 and petitioner’s mother had died on 10.03.2017 while in service, leaving behind her children the petitioner herein, Archana Rauth, Vandana Apar, Saritha Pandi and Ajay Kumar Avote as her legal heirs. The petitioner got married on 10.02.2004 and her sisters also got married and settled in Maharastra State. The petitioner made an application to the respondent No.1 to appoint the petitioner on compassionate grounds in any suitable position in HMWS & SB. But the respondent No.1 had rejected the request of the petitioner on the ground that the petitioner is married and is not dependent on her mother vide its order dated 20.03.2004. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition. 4. PERUSED THE RECORD (A) The impugned proceedings vide Memo No.

4110/ C1/ 2018/ 5630, dated 04.09.2018 issued by the respondent No.1 addressed to the General Manager (ENGG) O&M, Divn.-I , HMWS&SB is extracted hereunder”

“HYDERABAD METROPOLITAN WATER SUPPLY & SEWERAGE BOARD OFFICE OF THE MANAGING DIRECTOR KHAIRATABAD, HYDERABAD-04.

Memo No:4110/ C1/ 2018/ 5630 Dt : 4-09-2018 Sub: HMWS&SB-Estt -Subordinate Service - Smt. Susheela Bai. GPE(P&A) expired while in service on 10.03.2017- Appointment to one of the dependent of the deceased employee-Reg Ref: 1) GM(E) O&M.Divn-I, Lr.No. 1223, Dt: 14.05.2018.

2) GM(E) O&M Divn-I, Lr.No.689, Dt : 12.03.2018.

3) Memo No.406/10/A.1/Admin.II/2004, Dt : 20.03.2004.

***

In the reference 1^st cited, the General Manager(Engg) O&M.

Divn-I has forwarded application of Smt.P.Kavitha, (Married) daughter of (Late) Smt.Susheela Bai, GPE(P&A) for appointment on compassionate grounds.

The General Manager (Engg) O&M.Divn-1 in the reference 2^nd cited has also formed to Smt.P.Kavitha, (Married) daughter of (Late) Smt.Susheela Bai, GPE(P&A) that her application for appointment on compassionate grounds cannot be considered as per rules once marriage is performed a daughter is not dependent on her mother/father even she or her husband are unemployed.

In the reference 3^rd 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. In 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.P.Kavitha, (Married) daughter of (