THE HONOURABLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.27574 of 2014 Dated: 14.10.2014 Between:
Smt.Eada Durgamma, W/o.Late E.Subba Rao And … Petitioner The Government of A.P., Rep.by its Principal Secretary, Energy Department, Secretariat, Hyderabad and three others … Respondents THE HONOURABLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.27574 of 2014
ORDER:
This writ petition is filed by the petitioner seeking writ of Mandamus declaring the action of the respondents in not considering the petitioner for any job on compassionate grounds being legally wedded wife of deceased E.Subba Rao and impugned notice No.DEE/O/ELR/ADM/JO/C1/DNo.747/14 dated 28.08.2014 issued by the fourth respondent directing the petitioner to submit consent letter from her step daughter as illegal and arbitrary.
2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the first respondent and Sri P.Anand Seshu, standing counsel for the second respondent.
3. The petitioner is the wife of deceased Eada Subba Rao, who worked as a Line Man in Sub-station E.P.D.C.L.Vagivada, West Godavari District. He died while he was in service on 16.05.2002. He left behind the petitioner, who is the wife and a married daughter as his legal heirs. After his death, the petitioner herein made an application to the respondents to provide an appointment on compassionate grounds. On the date of her application, the petitioner was 43 years. Her application due to certain reasons could not be disposed of so far. One of the issues pending with the respondents was that the married daughter also made an application seeking compassionate appointment. The learned counsel appearing for the petitioner submits that when there is legally wedded wife, who is entitled for compassionate appointment on account of the death of her husband, the married daughter cannot make any claim regarding compassionate appointment.
4. The third respondent filed counter denying the averments made in the writ petition and submits that the respondents were already paid the terminal benefits (Except GPF as the same was under process) and the Job application is also forwarded to higher authorities. On verification of the records and the consequences of the case, the respondent authorities confirm that the GPF final withdrawal had not been sanctioned to the parties and in that regard, they sought opinion from the Standing Legal Advisor quoting T.O.O.No.213, dated 31.12.2000 and the job application of the petitioner was submitted to higher authorities on 18.09.2014 for consideration vide Lr.No.DEE/O/ELR/ADM/JAO/C1/D.No.861/14. The Standing Legal Advisor gave opinion to the effect that for providing compassionate appointment to the petitioner Smt.E.Durgamma, who is the legally wedded wife of the deceased employee, the consent of the married daughter is not necessary. Now, the petitioner is aged 52 years. Her version is that she made an application while she was aged 43 years and therefore there is no impediment for providing her compassionate appointment.
5. Under these circumstances, the writ petition is disposed of directing the respondents 3 and 4 to consider the case of the petitioner for compassionate appointment subject to her eligibility as per rules without insisting for the consent from the married daughter of the petitioner. They shall consider the case of the petitioner and dispose of her application seeking compassionate appointment within a period of two months from the date of receipt of a copy of this order. No order as to costs. Miscellaneous petitions pending if any in this writ petition shall stand closed.
R. KANTHA RAO, J.
14th October 2014, Rns