T.Leelavathamma Alias L.Naga Leelavathy v. The Besant Theospohical College,

THE HON'BLE SRI JUSTI CE ABHI NAND KUMAR SHAVI LI WRI T PETI TI ON NO.19407 OF 2000 ORDER:

This writ petition is filed seeking a direction to the respondents to appoint the petitioner on compassionate grounds as the petitioner's husband died on 15.1.1992.

Heard Sri S.S.Bhatt, learned counsel for the petitioner and learned Government Pleader for General Administration and Sri Shravan, learned counsel representing Sri G.Ramesh Babu, learned counsel for Respondent No.1.

The husband of the petitioner died on 15.1.1992 while he was working as a Lecturer in the 1st respondent college in an aided post. The petitioner has submitted an application to the respondents on 20.3.1992 seeking compassionate appointment. Be that as it may, the respondents have not considered the case of the petitioner for compassionate appointment. However, in the counter filed by the 1st respondent, it is contended that the petitioner was appointed as a part time Attender in the year 1995 and she was continued as a part-time Attender till she has attained the age of superannuation.

I have carefully examined the case and after going through the merits of the case, it is seen that the age of the petitioner at the time of filing this writ petition in the year 2000 was 46 years and at present, the age of the petitioner would be 63 years. The fact that she has survived 25 years after the death of her husband itself shows that the difficult period immediately after the death of her husband passed away. At present, no such direction to appoint the petitioner on compassionate grounds can be given to the respondents.

At this stage, it is contended by the learned counsel for the petitioner that the terminal benefits of the petitioner's husband are not paid to the petitioner.

In view of the above, the writ petition is disposed of directing the respondents to release the pensionary benefits and other terminal benefits of her deceased husband to the petitioner, if not already paid, within a period of two months from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_________________________ ABHI NAND KUMAR SHAVI LI ,J Date:10.11.2017 KP