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2018 Supreme(AP) 656

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
SURESH KAIT, ABHINAND KUMAR SHAVILI, JJ.
V. Shashi Kala - Appellant
Versus
District Collector, Anantapuram and Ors - Respondent
W.P. No. 41931 of 2017
Decided On : 05-06-2018

Advocates:
Advocate Appeared:
For the Appellant : Santhapur Satyanarayana Rao

Headnote:Service Law-Compassionate Appointment-Petitioner is elder daughter of deceased and she along with her husband is staying at the place of deceased even after her marriage-Petitioner has been staying with widow of deceased and even after marriage, petitioner along with her husband is depending upon earnings of deceased-Case of petitioner is on a better footing than respondent-applicant in petitioner is entitled to be appointed in a suitable post on compassionate grounds-Respondents-authorities directed to appoint petitioner on compassionate grounds in a suitable post and issue appointment letter to her within four weeks from date of receipt of a copy of this order-Writ Petition allowed. (Paras 6 and 7)

ORDER :

SURESH KAIT, J.

1. Vide the present petition, the petitioner has challenged the order dated 01.08.2017 passed in O.A. No. 1771 of 2017 whereby the application filed by the petitioner under Section 19 of the Administrative Tribunals Act, 1985 praying to direct the respondents therein to consider her case for compassionate appointment in a suitable post in the place of her late father V. Prakash Babu, who expired on 27.4.2015 while in service as ARSI, has been dismissed. Brief facts of the case are as follows:

(i) The father of the petitioner while working as Armed Reserve Sub Inspector in the 2nd respondent-organization expired on 27.4.2015 by leaving his wife and three married daughters. After sudden demise of the father of the petitioner, her mother made a representation to the 2nd respondent for providing suitable compassionate appointment to the petitioner by enclosing all necessary documents required for the said purpose. Thereon, the 2nd respondent forwarded necessary proposals to the 1st respondent vide letter dated 17.10.2016, whereby it was stated that the father of the applicant viz., late V. Prakash Babu, ARSI, died on 27.4.2015 while in service due to ill-health and he completed more than 39 years of service in the 2nd respondent-organization and that a representation was made by his wife within the stipulated period requesting to provide compassionate appointment to one of her married daughters i.e., petitioner herein, and ultimately requesting for necessary action in the matter.

(ii) While matter stood thus, the Revenue Divisional Officer, Anantapuram has requested the concerned Tahsildar to furnish social economic status report and other details of late V. Prakash Babu. Accordingly, vide his proceedings dated 24.9.2016, the Revenue Divisional Officer, Anantapuram reported as under:

"Smt. V. Padmavathi, wife of the deceased has requested the Higher Authorities to provide to her elder daughter Smt. V. Shasikala as they are unable to sustain their livelihood in the absence of the primary bread earner of the family. Smt. V. Padmavathi is aged about 52 years. She is only legally wedded wife. She is house wife and she is having three daughters. The applicant's elder daughter Smt. V. Shasikala, age 34 years is married. Her husband is unemployee. She has completed B.Com., under distance education and she is unemployee. After getting marriage, she and her husband are living with parents. The applicant's second daughter Smt. V. Geetha, age 32 years, is married and living with her husband separately. She is house wife. The applicant's younger daughter Smt. V. Swetha, age 30 years is married and she is house wife. She is living separately with her husband.

At present, the applicant and her elder daughter and her family are living in the above address. There are no earning members in the applicant's family and not having any movable or immovable properties on the name of any one of her family members. She has no source of income, as the deceased was the sole primary bread winner of the family. The social economic status of the applicant is not sound and they are unable to sustain their livelihood in the absence of the primary bread winner of the family. There are no earning members in the family of the deceased. There are no movable and immovable properties. There are no Civil/Criminal cases pending/Registered against the family members.

In view of the above, the Tahsildar, Ananthapuram, has recommended for compassionate appointment to Smt. V. Shasikala on compassionate grounds."

On considering the said report and other relevant facts, the 2nd respondent vide memo dated 25.01.2017 rejected the claim of the applicant by recording as under:

"In this connection, I am informed that the candidate Smt. V. Shasikala, married daughter of late V. Prakash Babu, ARSI-164 is found not eligible for appointment on compassionate grounds in terms of the Government instructions issued vide memo No. 406/10/Al/Admn.II/2004/Fin. (Admn.), dated 20















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