ULAVAPATI KALPANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) The case of the petitioner is that the mother of the petitioner Smt. Boddu Aruna made a representation dtd. 1/5/2019 along with medical certificates requested the respondents for voluntary retirement from services due to suffering breast cancer and affected the lungs. Thereafter, the 3rd respondent vide letter dtd. 2/5/2019 directed the 5th respondent to examine the medical report and submit detailed report within 10 days. Pending consideration of voluntary retirement, the petitioner's mother died on 8/5/2019. As the petitioner name is showing as Nominee in the registers, she is only one dependant. On 9/5/2019 the respondent authorities have paid funeral expenses of Rs.15,000.00 to the petitioner through the Assistant Social Welfare Officer, Kavali. Thereafter, the petitioner made a representation to the 3rd respondent for providing compassionate appointment along with all relevant documents. It is further stated that on 5/9/2019 the 5th respondent addressed a letter to the 3rd respondent that the petitioner does not have any movable and immovable properties, she is only one daughter, she got married with unemployed person and they got two children and they are dependants on the deceased employee and also the 5th respondent recommended the petitioner to provide compassionate appointment and to grant pensionary benefits. Subsequently, the 3rd respondent rejected the petitioner's case for compassionate appointment on the ground of married daughter vide an endorsement vide Rc. No. B6/60/2019, dtd. 5/10/2019. Challenging the same, the present writ petition is filed.

(3.) Counter affidavit is filed by the 3rd respondent while denying all the allegations made in the petition, contended that, the spouse of the deceased employee was died prior to the death of the deceased employee and the petitioner is the only daughter of the deceased employee who was already married and living separately with her husband and two children. As per G.O. Ms. No. 612 General Administration (Services-A) Department, dtd. 30/10/1991 in Para 2(iii) as well as G.O. Ms. No. 350 General Administration (SER.A) Department, dtd. 30/7/1999 it clearly mentioned that it is the choice of the mother/spouse to select the married daughter or unmarried minor daughter for appointment under the social security scheme. The spouse of the deceased employee was died prior to the death of the deceased employee and the deceased employee having one and only daughter who married prior to the death of spouse of deceased employee and also lives separately with her husband. The marriage daughter who is living with her husband cannot be a dependant on mother. As such the petitioner is not entitled for getting a job under the compassionate appointment. Hence, prayed to dismiss the writ petition.