K.HAMAKSHI Vs. STATE OF A.P.

JUDGEMENT

(1.) The Writ Petition is filed by the petitioner seeking to call for the records relating to G.O.Ms.No.612, General Administration (Services-A) Department, dtd. 30/10/1991, insofar as the policy relating to compassionate appointment being constitutionally impermissible to the extent of exclusion of daughter-in-law (widowed) is concerned and its consequential Notice in ROC No.582/2016/F1, dtd. 5/10/2016, issued by the 3rd respondent and quash the same as illegal, arbitrary, discriminatory, impermissible and subversive of Articles 14, 15 and 16 of the Constitution of India and also contrary to law and consequently include the category of daughter-in-law (widowed) in the fray of consideration by the State Government for providing compassionate appointments along with other categories and direct the respondents to consider the case of the petitioner for providing compassionate appointment consequent on the death of her mother-in-law viz., S. Kullayamma P.H. Worker, Rayadurg Municipality, Anantapuramu District.

(2.) The petitioner is the wife of S. Kullayamma's elder son, who passed away from a heart attack on August 16, 2005. While working as a P.H. Worker in Rayadurg Municipality, the petitioner's mother-in-law died on November 12, 2011. The petitioner's mother-in-law had two sons, both of whom predeceased her. The petitioner has two sons and a daughter who depends on the income derived from her mother-in-law.

(3.) The petitioner states that after her mother-in-law's death on 12/11/2011, the petitioner has submitted a representation on 14/2/2012, requesting an appointment on compassionate grounds. Furthermore, the petitioner asserts that the younger son's wife of her mother-in-law has issued a No Objection Certificate to facilitate the compassionate appointment for the petitioner. As the 3rd respondent has not acted on her representation, dtd. 14/2/2012, the petitioner submitted another representation to the Government. Subsequently, the 3rd respondent issued proceedings in ROC No.582/2016/F1, dtd. 5/10/2016, informing the petitioner that, according to the orders issued in G.O.Ms.No.687, dtd. 3/10/1977, the compassionate appointment can be provided only to a wife, son, or unmarried daughter; therefore, it is not feasible to grant a compassionate appointment to the petitioner in place of her mother-in- law. The present Writ Petition is filed to question the impugned notice that rejected the petitioner's case for compassionate appointment.