(1.) Heard Mr. R.Rajasekhar Rao, learned counsel for the petitioner; learned Assistant Government Pleader for Services-I appearing for the respondent No.1 and learned Standing Counsel for HMWS & SB appearing for the respondent Nos.2 to 4. Perused the material available on record.
(2.) Learned counsel for the petitioner submits that the mother of the petitioner worked as GPE (WS) in the respondent-Sewerage Board and while in service, died in harness on 14/2/2016. The parents of the petitioner have three daughters and no male issue. All the three daughters are married and the petitioner is a divorced daughter. The petitioner stayed with her mother due to family disputes with her husband at the time of her mother's death. In view of the same, the petitioner made an application for providing compassionate appointment within one (01) year as per the relevant GOs' and circular Memos and the same was rejected by the respondent No.1 on the ground that the petitioner was a married daughter at the time of death of the deceased employee. Subsequent to the death of the deceased employee, the petitioner filed divorce petition and obtained divorce orders from the family Court after death of the deceased employee i.e., 1/10/2016.
(3.) Learned counsel for the petitioner submits that the Memo bearing No.10613/Engg.(1)/2020 dtd. 30/5/2023 issued by the respondent No.1 and the consequential proceedings issued by the respondent No.2 in Memo No.2259/C1/2023/2524 dtd. 21/6/2023, are contrary to G.O.Ms.No.350, General Administration Department dtd. 30/7/1999 and also further orders issued in Memo No.116417/Ser.A/2003-1 dtd. 8/10/2003. The married daughter, whether divorced or not, is eligible for the compassionate appointment if there is no male child. The impugned orders issued by the respondent No.1 are contrary to the orders passed by the Division Bench of this Court.