APHC010451752023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23394/2023 Between: 1. P THANUJA, W/O T. DHARANI, AGE 33 YEARS, OCC. HOUSEWIFE, R/O CHENGAPPA KANDRIGA VILLAGE, PERIYAMBANI YADAMARI MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVT. OF A.P., SECRETARIAT. AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR, A.P. 3. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT. 4. THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ/s or Order/s more particularly one in the nature of Writ of Mandamus declaring the proceedings No vide Endt No.A I /1528/113/2021, dated 4.8.2021 issued by the respondent No. 4, as being illegal, arbitrary and violative of Article 2 14 and 16 of Constitution of India and consequently direct the Respondents to provide compassionate appointment to the Petitioner as per the existing rules by relaxing the rules and be pleased to pass such other order. IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim directions to the Respondents to provide compassionate appointment to the Petitioner in pursuance of representation dt.5/7/2023, suspending the proceedings No vide Endt.No.A1/1528/113/2021, dated 4.8.2021 issued by the respondent No. 4, pending disposal of the WP and be pleased to pass such other order. Counsel for the Petitioner: 1. V VENKATA MAYUR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.23394 of 2023 ORDER: 1. In the present Writ Petition, the Petitioner is seeking to declare the Proceedings vide Endt.No.A1/1528/113/2021, dated 04.08.2021 issued by Respondent No.4 rejecting the claim of Petitioner for compassionate appointment, as unsustainable. 2. The brief facts are as follows; The Petitioner was married to one T. Dharani on 09.05.2014 and the Petitioner was working in a private organization at the time of marriage. The brother of the Petitioner by name P. Vijay Bhaskar was appointed as Constable and was working at Madanapally II Town P.S., vide PC No.4155/CT. The said P. Vijay Bhaskar was married to one Kavitha, however, due to their differences both got divorced on 17.09.2019 in HMOP.No.32 of 2019 on the file of the Principal Senior Civil Judge, Chittoor. 3. It is further contended that the brother of the Petitioner P. Vijay Bhaskar died on 29.05.2021 and the Petitioner had given application to the Respondents for compassionate appointment as she was dependent on the income of her brother P. Vijay Bhaskar at that 4 time. It is further stated that the husband of the Petitioner is unemployed and that they do not have any source of income. The application of the Petitioner was rejected on 04.08.2021 by Respondent No.4 on the ground that the Petitioner was married, and, therefore, she is not eligible for compassionate appointment. Questioning the same, the present Writ Petition came be to be filed. 4. In the Counter Affidavit filed by Respondents, it is stated that the case of the Petitioner was examined in terms of G.O.Ms.No.612, General Administration (Services-A) Department, dated 30.10.1991 and G.O.Ms.No.18, General Administration (Ser.A) Department, dated 06.02.2023 and as there is no specific order to provide job to the married sisters of the deceased Government employee, the case of the Petitioner was not considered, as she is not dependant on the deceased Government employee. It is further contended that the Petitioner is not dependant on the income of her deceased brother and the application for compassionate appointment is only an afterthought. 5. Learned counsel for the Petitioner Sri V. Venkata Mayur would submit that the married sisters of the deceased employee are also entitled for compassionate appointment as per the G.Os referred above and the order passed by this Court in W.P.No.35294 of 2014, dated 19.03.2021. 5 6. On the other hand, learned Assistant Government Pleader would submit that the Petitioner cannot termed to be ‘dependant’ as she was married in the year 2014 and living independently with her husband at a different place. It is further stated that in the absence of any iota of proof of dependency, the Petitioner cannot be considered for appointment under compassionate grounds. 7. Having heard the respective counsel, the primary requirement for consideration of an individual for appointment under compassionate appointment is dependence on the deceased Government employee. In this case, the Petitioner was married in the year 2014 and is living independently with her husband in a different village and mandal. 8. The order of this Court in W.P.No.35294 of 2014 relied upon by the counsel for the Petitioner also does not take away this basic requirement of ‘dependency’ for being considered for compassionate appointment. 9. A Division Bench of Karnataka High Court in the case of Mrs. Mega J vs. Life Insurance Corporation of India (LIC)1 noted that a married daughter is to be maintained by her husband and the 1 W.A.No.891 of 2023 (S.Res) 6 legislations are structured on those lines. The relevant portion of Paragraph No.4 of the order is extracted below; “…..Our scriptures injunct "bharta rakshati yavvane..." literally meaning that it is the duty of husband to provide maintenance to his dependent wife. That is how our legislations too are structured e.g., Section 125 of the Code of Criminal Procedure, 1973 (applicable to all regardless of religions), Sections 24 & 25 of the Hindu Marriage Act, 1955 (applicable to Hindus, in a broad sense of the term), Section 37 of the Divorce Act, 1869 (applicable to Christians), Section 40 of the Parsi Marriage and Divorce Act, 1936 (applicable to Parsis), Section 20 of the Protection of Women from Domestic Violence Act, 2005 (applicable to all persons regardless of religion and marital status), Sections 36 & 37 of the Special Marriage Act, 1954, The Muslim Women (Protection of Rights on Marriage) Act, 2019 (applicable to Muslims wives), etc., have been structured. No binding rule or ruling that guarantees right of maintenance to the married daughter residing with the husband qua the father, is brought to our notice.” 10. In this case, as mentioned above, the marriage of the Petitioner was in the year and she is residing with her husband ever since in a separate village and mandal. Therefore, the Petitioner cannot claim for compassionate appointment. 7 11. Apart from the above, the Hon’ble Supreme Court in Canara Bank v. Ajithkumar G.K2 considered about 50 reported cases on the issue of compassionate appointments and opined that appointments only in cases of extreme financial distress can be considered. The relevant portion of Paragraph No.29 is extracted below; “…… It is only in “hand-to-mouth” cases that a claim for compassionate appointment ought to be considered and granted, if at all other conditions are satisfied. Such “hand-to-mouth” cases would include cases where the family of the deceased is ‘below poverty line’ and struggling to pay basic expenses such as food, rent, utilities etc. arising out of lack of any steady source of sustenance. This has to be distinguished from a mere fall in standard of life arising out of the death of the bread earner.” 12. In view of the same, the impugned order need not be interfered with and accordingly the Writ Petition is dismissed. 13. No order as to costs. 14. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 16.09.2025 IS 2 Civil Appeal No.255 of 2025 (SC) 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.23394 of 2023 Dated: 16.09.2025 IS