LAWS(APH)-2021-10-19

SECRETARY, THE ANDHRA PRADESH RESINDENTIAL Vs. KARAVANJI LALITHAKUMARI

Decided On October 04, 2021
Secretary, The Andhra Pradesh Resindential Appellant
V/S
Karavanji Lalithakumari Respondents

JUDGEMENT

(1.) The present writ appeal is preferred against the order dtd. 23/2/2021 passed by the learned Single Judge in W.P.No.4401 of 2016, wherein and whereby the proceedings of the 2nd respondent/appellant dtd. 7/10/2014 rejecting the request of the writ petitioner/1st respondent for compassionate appointment was set aside and a direction was issued to consider the case of the writ petitioner for appointment in any suitable post subject to her eligibility, within a period of six weeks from the date of receipt of a copy of the order.

(2.) The case of the writ petitioner as per the averments made in the writ petition is that one Smt. P. Umamaheswari is mother of the petitioner, who worked as a Multi-Purpose Worker in A. P. Residential School, S.M. Puram, Srikakulam District, and that she died in harness on 1/2/2014 leaving the petitioner in penury without any means of livelihood. The petitioner's father died, prior to the death of her mother, and the petitioner is having one brother who got married during the lifetime of their mother against her wishes and living separately. The petitioner was married to one Mr. Satyarao in the year 2005 during the lifetime of her mother, and due to family disputes, he deserted the petitioner in the house of her mother in the year 2010 and since then, they are residing separately. The petitioner is solely dependent on her mother and not having any means of livelihood.

(3.) The 2nd respondent filed a counter affidavit. It was stated that as per the Family Member Certificate dtd. 5/3/2014, the petitioner's brother was shown as unmarried and in the Death-cum-Retirement Gratuity proposals submitted by the petitioner's brother for grant of gratuity of their mother Smt. P. Umamaheswari, in the relevant columns of the application dtd. 16/4/2014, the brother of the petitioner was shown as un-married and employed as a Teacher and the petitioner was shown as married and unemployed. On the basis of the same, it was pleaded that the petitioner's averment that her brother was married is absolutely false and no authentic document was submitted by her along with the application for compassionate appointment to justify that she is dependent on her mother.