RADHIKA Vs. ENGINEER IN CHIEF RB ADMINISTRATION

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of Mandamus directing respondent Nos.1 to 3 to appoint the petitioner on compassionate grounds in any suitable post such as Sweeper/Attender due to the death of her husband, late A.Jangaiah, Gangmen NMR, who died on 13/5/2011 and pass such other order or orders as this Court deem fit and proper.

(2.) The brief facts leading to filing of the present writ petition are that the petitioner's husband viz., A.Jangaiah had joined the office of the 3rd respondent as NMR Gangmen. While so, the 3rd respondent retrenched him from service on 5/12/2007. Aggrieved by the said retrenchment orders, he approached Labour Court-III, Hyderabad, and the said Court passed Award in I.D.No.87 of 2007 and the same was published on 19/11/2008. The Labour Court directed the respondents to reinstate the husband of the petitioner as NMR Gangmen with continuity of service. The respondents approached this Court questioning the Award passed by the Labour Court by filing W.P.No.23577 of 2009 and this Court directed the respondents to comply with the mandatory requirement under Sec. 17-B of the Industrial Disputes Act, 1947. The said orders were complied with by the respondents. Meanwhile, on 13/5/2011 he died due to heart attack. Thereafter, the petitioner approached the respondents seeking compassionate appointment on the ground that in view of the untimely death of her husband, herself, her mother-in-law, and her young son aged 2 1/2 years, have become helpless and it is difficult for them to survive without any employment. It is stated by the writ petitioner that the respondents have provided her the work as a Sweeper-cum-attender in the office of the 3rd respondent orally, and since the petitioner made representations for regularization of the services, she was again orally prevented from discharging the duties and that she is jobless since then.

(3.) It is submitted that services of Gangmen/NMR, who are juniors to the petitioner's husband in the other districts, have been regularized and therefore, the petitioner's husband's services also ought to have been regularised and consequently, the petitioner is eligible to be considered for compassionate appointment. It is submitted that the petitioner belongs to SC community and she studied upto 6th class. Due to the delay caused in providing compassionate appointment, she is unable to meet the day-to-day expenses of herself, her young son and her old aged mother-in-law. Since the respondents did not take any action on the representations of the petitioner, she filed the present writ petition seeking compassionate appointment in any suitable post including that of a sweeper/attender.