HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.32296 OF 2021

ORDER:

Heard Sri Mohd. Azhar, learned counsel representing Sri Bodla Sandeep Kumar, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-I I appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“.....to issue an appropriate writ, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the 4^th respondent in not considering the petitioner's application for compassionate appointment vide Lr. Rc. No.A1/15/2021 dated 08.03.2021, in the place of petitioner's mother who passed away in service on 10.12.2020 as ex-facie illegal, highly unjust, improper, arbitrary, discriminatory, total non-application of mind and contrary to various Judicial precedents in the subject matter and consequently direct the respondents to appoint the petitioner to a suitable post on compassionate grounds, in accordance with law and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case....”

3. The case of the petitioner, in brief, is that she is the only daughter and sole legal heir of late Sd. Mahaboob Bee, who was working as an Office Attender in the RWS&S Department and had passed away while in service on 10.12.2020. Petitioner’s mother was appointed on compassionate grounds on 15.12.1998. The petitioner was living with her mother under the same roof, along with her unemployed husband and two minor children, and the family was entirely dependent on the income of her mother. Following her mother's death, the petitioner applied for compassionate appointment on 08.01.2021, citing her financial hardship and dependence on the deceased employee. However, the respondent No.4 rejected the application of the petitioner vide Lr. Rc. No. A1/15/2021, dated 08.03.2021 stating that the petitioner is ineligible on the ground that she is a married daughter, as per Memo No.406 dated 20.03.2004. Aggrieved by the same, the petitioner filed the present writ petition.

PERUSED THE RECORD:

4. The relevant portion of the proceedings of the respondent No.4 vide Lr.Rc.No.A1/ 15/ 2021 dated

08.03.2021 issued to the petitioner herein rejecting the application of the petitioner for compassionate appointment, is extracted hereunder:

“With reference to the above subject cited, Smt.Sk.Nasreen Begum, W/o.Shabeeruddin who has been applied for compassionate appointment and death benefits as the dependent of the deceased employee i.e., Smt. Sd. Mahaboob Bee, Office Subordinate, MB Intra Division, Kothagudem who was expired while in service on 10-12-2020 and the same proposals has been submitted to the Superintending Engineer, MB Circle, Khammam vide reference 2^nd & 3^rd cited.

Though the reference 4^th cited, the Superintending Engineer, MR Circle, Khammam while returning the proposal of Smt. Sk. Nasreen Begum, W/o. Shabeeruddin who applied for compassionate аррoіntment to the married daughter of the deceased employee Smt. Sd.Mahaboob Bee, Ex. Office Subordinate of this office stating as per G.O.Ms.No.350, dated: 30-07-1999 Gen. Admn. (Ser-A) Department.

"In such cases Government hereby clarify 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, provided she is dependent on the deceased Government employee and subject to satisfying, the other conditions and instructions issued on the scheme from time to time.

The Government has issued clarification vide memo No.406/10/A.1/Admn.II-2004 dated 20-03-2004 of Secretary to Government (FR) Finance (Admn.II) Department for considering married daughter for compassionate appointment that:

“Once marriage is performed, a daughter is not dep