✦ High Court of India · 07 Aug 2025

ffi }1$fu v. 'Ii

Case Details High Court of India · 07 Aug 2025
Court
High Court of India
Decided
07 Aug 2025
Length
1,459 words

petition Under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a Writ Orders, more in the nature of Writ of ,*Orrrr'O".,rr"n lmpugned proceedings No.170366/c1 1202415478, Dated 06-.12-2024 issued by the respondent No.1 rejecting the claim of the petitioner for compassionate appointment by misinterpreting the Govt- Memo dt. 20-03-20040n the pretext that the petitioner is a married daughter her financiar status is dependent on her parents onry which is ear from the RDo Letter dated No.c/9072/2024, dt. 20/0912024 is contrary to the true spirit of the G.o.Ms.No.350 GAD dt.30.07..1999 and contrary to the dicta laid down by this Hon,bre court in w.p.No.1624212013 dt'20r06r2013 R/w w.p.No.415512021 dt.o8ro,r2021 and w.p.No.18 013 0f 2023 daled 13to712023 while appointing similar persons vide Proc. No. 14454/Ht\/wS and SB/Appt-Comte.lc|l2o24l3g51 , Dated 18109/2024 and not extending the same benefit to the petitioner as illegal, arbitrary, discriminatory and violation of Articles 14 and 21 of the constitution of lndia and set-aside the impugned Proceedings No. ',l 70366/C112024t5478, Daled 0611212024 issued by respondent No.1, consequently declare that the petitioner is entitled to be appointed to suitable post under compassionate grounds even a married daughter as was done in identical cases in the department with all consequential benefits. LA.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to consider the case of the petitioner for appointment under compasslonate grounds to any suitable post without reference to the impugned proceedings No.'170366/C1 1202415478, dated 06-12-2024 issued by the respondent No 1 pending disposal of the above writ petition. Counsel for the Petitioner : SRI M.RAMGOPAL RAO Counsel for the Respondent Nos.1 to 3 : SRI A.VEERESH KUMAR, LEARNED STANDING COUNSEL FOR HMWS & SB Counsel for the Respondent No.4 : G.P FOR SERVICES'I The Court made the following ORDER 7 THE HON,BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.3279 of 2O25 ORDER: The present Writ Petition is filed to declare the impugned Proceedings No.170366/Cll2024/5478, dated 06.12.2024 - issued by the respondent No. 1 rejecting the claim of the petitioner for compassionate appointment by misinterpreting the Govt. Memo dt.20.03.2OO4 on the pretext that the petitioner is a married daughter; despite her financial status is dependent on her parents only, which is clear lrom the RDO Letter dated No.Cl9072/2024, dt.2O-O9-2O24 is contrary to the true spirit of the G.O.Ms.No.350 GAD dt. 30.07.1999.

2. Heard Sri M. Ramgopal Rao, learned counsel for the petitioner, Sri A. Veeresh Kumar, learned Stalding counsel lor HMWS & SB, appearing for respondent Nos.1 to 3, and learned Government Pleader for Services I, appearing for respondent No.4

3. When the matter is taken up for hearing, learned counsel I for the petitioner submits that the present writ petition 1S squarely covered by the order of this Court in W.P.No.16242 of 2013, dated 20.06.2013, W.P.No.4155 of 2021, dated I

08.08.202 l and W.P.No.18013 of 2023, dated i3.O7.2023 u,hile . -----. \'-- I \l - \.1 2 appointing similar persons vide Proc. No. 14454 I HMWS&SB/Appt-Comte. /Cl 12024/3951, dated 18.O9.2024 and prays this Court to pass a similar order in the present Writ Petition also

4. The said submission is not seriously disputed by the learned counsel lor respondents.

5. In vieu, of the aforesaid orders of this Court, the impugned Proceedings No.170366/Cl 12024/5478, dated 06.12.2024 is set aside. Respondents are directed to reconsider the case of the petitioner for compassionate appointment, if she is otherwise eligible 1n respect of her educational qualification, financial position, etc., within a period of eight (08) weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SD/-A. PRATHIMA PUTY REGISTRAR i ,i SECTION OFFICER To

3. The Director (Personnel), Hyderabad [Metropolitan Sewerage Board, Khairatabad, Hyderabad. The lManaging Director, Hyderabad Metropolitan Water Supply and Sewerage Board, Khairatabad, Hyderabad. The Chief General l,4anager (E), O and tt/l Circle-lV, S.R.Nagar, Hyderabad. ter Supply and CnrrJJ- 4 5 t) 7 o. IPI:::f:'-l-retary, r\,4unicipat Administration and Urban Devetopment uepaflment, Secretariat, State of Telangana at Hyderabad. Two CC's to G.p FOR SERVTCES_,, Hig"' Corrt i6iih; St;te of retansana at Hyderabad. (OUT) One CC to SRt M.RAMGOPAL RAO, Advocate tOpUCl 9lq cc to SRt A.VEERES!-| f_UyAR, LeAnNlEilsiriNDtNG couNSEL FORHI/WS & SB, Advocate [OpUC] Two CD Copies (fl^o1ro with a copy of the order in w.p.No.18013 of 2o23, dated 13-07- 2023) / SA GJP $ HIGH COURT DATED:0710812025 F,E ST4 1 6 I I ) 'I 1t [lJ$ 2S6 ORDER WP.No.3279 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. or4'o fu. THE HONOURABLE SMT JUSTICE P. MADHAVI DEVI IVRIT PETITION No.18O 3 0F 2023 1 ORDER: In this Writ Petition, the petitioner is challenging the proceedings dated 2I.12.2022 rejecting the claim of the petitioner for compassionate appointment in a suitable post in the place of her late father, who expired on 25.O8.2021, while in service as SpE (MB/WS) in H.M.W.S & S.B and to declare the same as illegal, arbitrary and discriminatory, with a consequential direction to the respondents to consider the claim of the petitioner.

2. Learned counsel for the petitioner submrtted that petitioner is the only child of the employee, who died while in service on 28.08.2021. Therefore, she has made an application for compassionate appointment, however, the sarne was rejected with an observation that the petitioner is married daughter and therefore, she is not eligible for compassionate appointment.

3. Learned counsel for the petitioner further submitted that the Government itself has issued G.O.Ms.No.350, dated 3O.07.1999 giving clarification that compassionate a l'-rlD-J t.?..\'o-lEAIJ ofzA)i appointment of a married daughter would be considered in cases where the deceased Government employee is having only a married daughter and spouse without any other children. It is submitted that though the petitioner is married, she is staying with her mother along with her husband ancl they are who1ly depending upon their mother for sustenance. It is submitted that the petitioner's husband is working as a labourer and their hnancial position does not support their liveiihood'

4. Sri G. Narende'r Reddy, learned Standing Counsel supported the impugned order and sought time to fi1e counter. However since the issue is already decided by this Court in W.P.No.18238 of 2023, and the matter is being referred to the responclents to consider the case of the petitioner and pass appropriate orders in accordance with G.O.Ms.No.35O, dated 30.O7.1999, it is deemed fit and proper to dispose of this Writ Petition at the admission stage, in terms of the orders passed in W P No'18238 of

5. Having regarding to the fact that the case of the petitioner falls under G.O Ms.No.350, dated 30 07 1999 L--r,' l P vD--t tt.P-.\o.I80I3 oI202l which itself clarifies that when a married daughter is the only dependent of the deceased employee and rs otherwise eligible for compassionate appointment, her case should be considered. Further, in a number of decisions, this Court has held that compassionate appointment should be given to the married daughter if she is otherwise eligible in respect of qualihcation and financial position. The learned counsel for the petitioner relied upon the orders passed by this Court in W.P.No.16242 of 2013 dated 20.O6.2O13 and W.P.No.4155 of 2027 dated 18.08.2021.

6. In view of the aforesaid orders of this Court, the impugned letter dated 21.12.2022 is set aside. Respondents are directed to reconsider of the case of the petitioner for compassionate appointment if she is otherwise eligible in respect of educational qualification, financial position, etc., within a period of two (2) months from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No order as to costs. Copy of the order dated

12.07.2023 in W.P.No.18238 of 2O23 shall be annexed to this order for ready reference. 4 t.P. \o. t30 tJ ol 20)j Miscellaneous appllcations, pending if any, in this writ petition shall stand closed. JUSTICE P. MADHAVI DEVI Jtaly 13,2o23 KTM/BMS

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