S.AMMULU Vs. STATE OF A.P.

JUDGEMENT

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

(2.) The grievance of the petitioner is that her father while working as Sweeper on regular basis in the establishment of 3rdrespondent temple has died on 24/6/2013 leaving behind his two daughters i.e., the petitioner herein and her elder sister namely Edukondalu Mohana. It is stated that after demise of her father, they have approached the office of the 3rd respondent temple seeking release of the monetary and service benefits of her father and submitted representations dtd. 11/10/2014, 21/1/2015, 13/6/2015 along with the Transfer Certificate and other relevant documents. Accordingly, the then Executive Officer has issued proceedings dated -06-2015 to produce the Succession Certificate. As such the petitioner has approached the Hon'ble Principal Senior Civil Judge, Vijayawada and filed S.O.P. No.95/2015 and obtained Succession Certificate vide order dtd. 4/2/2016. The then Executive Officer of the 3rd respondent temple has issued proceedings dtd. 25/11/2016 to produce the Decree copy of obtaining Divorce from herhusband as the petitioner has requested to grant compassionate appointment as her husband deserted the petitioner. Thereafter, the petitioner has submitted representation dtd. 29/1/2017 informing to the then Executive Officer, she could not trace the whereabouts ofher husband and requested to grant appointment on compassionate grounds in the place of her father. Later, the Executive Officer of the 3rd respondent temple has issued proceedings dtd. 8/2/2019 to release the death benefits of petitioner father to the petitioner and her sister. While the matter stood thus, the petitioner has submitted another representation recently on 20/3/2021 to the respondents 2 and 3 requesting them to grant compassionate appointment in the cadre of sweeper in the place of her deceased father along with the relevant G.O. Ms.No.1357 dtd. 18/7/2011. but the respondents have not taken any action so far. Hence the present writ petition came to be filed.

(3.) The counter affidavit has been filed by the 2nd respondent denying all the allegations made in the petition. Inter alia, it is stated that the petitioner has to place material evidence before claim appointment on compassionate grounds that she is dependent on the deceased employee by the time of death of her father while in service. Admittedly the petitioner is a married daughter of deceased employee and she has been living along with her husband ever since her marriage and not living with her father after her marriage particularly at the time of death of her father. No doubt, as per G.O.Ms.No.350, GA (Ser.A) Department, dtd. 30/7/1999 the married daughter is eligible for appointment on compassionate grounds when there is only a married daughter to the deceased employee without older or younger brothers and sisters and the spouse of the deceased employee is not willing to avail the compassionate appointment, such married daughter may be considered, provided she is dependent on the deceased father / employee, subject to satisfying other conditions and instructions issued from time to time. But, the petitioner has not placed any material record in this case to satisfy the above parameters to get appointment on compassionate grounds. The petitioner has averred that she is a divorced woman and not depending on her husband but the petitioner did not submit divorce order granted by competent court nor produced any other evidence to prove that she was depending on her father by the time of death of the employee.