The petitioner sought compassionate appointment as the daughter of a deceased employee. The High Court held that the petitioner was ineligible because she was a married woman settled in life, not meeting the dependency requirement. The petition was dismissed.
Writ petition dismissed without costs.
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HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITION No.28913 of 2010
Date: December 28, 2010
Between:
1. The Superintendent Engineer, Operation Circle, NPDC of A.P. Ltd., Kareemnagar and another. … Respondents
HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITION No.28913 of 2010
ORDER:
The writ petitioner claiming to be the daughter of Smt.K. Laxmi, who expired on 03.12.2007, claimed appointment with the respondents on compassionate basis.
2. It is pointed out by the Divisional Electrical Engineer, Kareemnagar, in the counter-affidavit that initially K. Kanakaiah was employed with the Andhra Pradesh State Electricity Board. He died on 20th July 1993 in harness leaving behind him his widow and dependent family members. Hence, the case of Smt. K. Laxmi was considered for compassionate appointment and accordingly she came to be appointed by the Andhra Pradesh State Electricity Board through their Memo dated 20.12.1994. While Smt. Laxmi was serving the respondent Northern Power Distribution Company Limited, one of the companies constituted due to bifurcation of former Andhra Pradesh State Electricity Board, seems to have died on 03.12.2007 leaving
behind the writ petitioner and her sister. The respondents have declined to consider the case of the writ petitioner, as she is a married woman and she is well settled in life and living with her husband and hence she is not dependent upon the deceased employee. The respondents have also pointed out that as per the decision announced through T.O.O.(CGM-HRD & Trg) Ms.No.301, dated 23.3.2004, read with Govt. Memo No.116417/Ser.A/2003-1, (GAD-SerA) Department, dated 08.10.2003 it was amply clarified that the policy of providing compassionate employment to the dependents of the deceased employees is only to help the family in distress and if the deceased employee was having more than one dependent married daughter and when the deceased employee’s spouse is not willing to avail the compassionate appointment, one of the dependent married daughters be considered for the compassionate employment subject to her eligibility.
3. In the instant case initially K. Kanakaiah who is employed with the Andhra Pradesh State Electricity Board died. Extending compassion to the family of the deceased Kanakaiah, his wife K. Laxmi came to be appointed. Now, K. Laxmi expired. She has only two daughters and both daughters are married and settled. It is therefore impossible to describe the decision taken by the respondents as arbitrary or whimsical inasmuch as there is no material before the respondents to arrive at a conclusion that the married daughters of the deceased K. Laxmi were dependents upon her during her lifetime. Therefore, the decision of the respondents in rejecting the candidature of the writ petitioner cannot be faulted. I have not seen any reason or good ground for granting the relief prayed for in the writ petition.
4. The writ petition is accordingly dismissed, but however without costs.
________________________________ NOOTY RAMAMOHANA RAO, J
Date: December 28, 2010.
BSB
2 issues framed by the court
Whether the rejection of the writ petitioner's claim for compassionate appointment as a married and settled daughter constitutes an arbitrary decision.
Whether the policy of compassionate employment applies to married daughters when the spouse of the employee is not available as a dependent.
K. Renuka
The Superintendent Engineer, Operation Circle, NPDC of A.P. Ltd., Kareemnagar and another
Nooty Ramamohana Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
