S.SUNANDA Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH
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RAVI CHEEMALAPATI,J. -
(1.) The present Writ Petition has been filed for the following relief:
" ....issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Order in D.Dis.No.A3/25169/2018 in File No.REV-ASECOMIS/361/2018-DT(A3)-REVCOLATP, dtd. 17/11/2019 issued by the respondent No.2, the consequential proceedings in RC.No.B4/79/2018, dt.9/9/2020 issued by the respondent No.3, rejecting the petitioner 's request for appointment on compassionate grounds on death of her father Late.S.Prasad as Cook in Social Welfare Boys Hostel, Peddavaduguru, on the ground that married daughters are not entitled for compassionate appointment as illegal, arbitrary and contrary to the well established legal principles apart from being volatile of the fundamental and constitutional rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the 2nd respondent to appoint the petitioner in a suitable post on compassionate grounds ..... "
(2.) The case of the petitioner, in brief, is that her father Late.S.Prasad was appointed as a Cook in Social Welfare Boys Hostel, Peddavaduguru in the year 1997 and was in service till his demise on 11/5/2018, leaving behind him, the petitioner and her mother. Upon death of her father, her mother had submitted a representation to the respondent No.3 on 14/6/2018 to consider her candidature for appointment on compassionate grounds and the 3rd respondent had requested respondent No.4 under communication dtd. 19/6/2018 to furnish a report with necessary details required for considering her candidature for appointment on compassionate grounds. It is the further case of the petitioner that pursuant to the same, the respondent No.4 had submitted a report to the 3rd respondent RC.No.C/138/2018, dtd. 16/7/2018 categorically stating that the petitioner and her mother are facing much financial hardship and they have no other source of income or property. The further case of the petitioner is that respondent No.4 had issued No earning Member Certificate, Socio Economic Status Certificate, Unemployment Certificate and No Property Certificate along with statements of witnesses, who have affirmed that the petitoner been taking care of her mother and that the petitioner 's husband is a daily wage labourer, and the family is in grave difficulties ever since the demise of the petitioner 's father. However, the 2nd respondent, did not consider the above material and issued the impugned proceeding rejecting the request of the petitioner by duly relying memo No.460/10/A.1/Admn.II/2004, dtd. 20/3/2004, wherein married daughters are not eligible for appointment on compassionate grounds, unless she has been either deserted by her husband or her husband disappears and since the petitioner 's husband lives with petitioner and her parents, her case was rejected. Questioning the same the present Writ Petition is filed.
(3.) The respondents 1 to 4 filed their counter, inter alia, contending that vide Memo.No.406/10/A.I/Admn.II/2004, dtd. 20/3/2004, once marriage is performed a daughter is not dependent on her father/mother, even if she and her husband are unemployees and based on that memo the petitioner 's request for providing compassionate appointment was rejected. It is further stated in the said counter that a direction was given to furnish revised proposals in the name of any another eligible family member, if available for providing employment under compassionate grounds or to take further action regarding sanction of exgratia, as per the eligibility to the dependent legal heirs of the deceased employee. It is further contended in the counter that once daughter got married, she is not dependent of her father/mother and since the petitioner is married daughter of the deceased employee, she is not entitled for compassionate appointment and accordingly prayed to dismiss the writ petition.;
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