IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 14245 of 2006 Between: Smt.Suguna M. w/o Suryaprakash, r/o 52-14-18/4, Reshavani Palem, Visakhapatnam, District Visakhapatnam. ..... PETITIONER AND 1 The Secretary, medical & Health, Govt.of A.P., Secretariat Buildings, Secretariat, Hyderabad. 2 The Director of Medical Education, Koti, Hyderabad. 3 The Superintendent, Govt.Hospital for Chest and Communicable Diseases, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or orders, or direction more particularly one in the nature of writ of certiorari and calling for the records relating to the order passed in O.A.No.1979 of 2002 dated 10- 12-2004 on the file of the Honourable A.P.Administrative Tribunal, Hyderabad and quash the same as illegal, arbitrary, unconstitutional and against the principles of natural justice by reinstating the petitioner into service and to pass such other and further order or orders, as this Honourable Court may deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.KARRI SURYANARAYANA Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :14245 of 2006 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order of the tribunal passed in O.A.No:1979 of 2002 on 10.12.2004 and consequently, to direct the respondents to reinstate the petitioner into service. The petitioner is the applicant and she filed the O.A.1979 of 2002 seeking to set aside the order in R.C.No:381/S1/1999, dated 8.11.2000 issued by the 3rd respondent and its consequential order in R.C.No:6080/ED/2001, dated 20.12.2001 issued by the 2nd respondent as illegal and to direct the respondents to reinstate her into service with all consequential benefits on the ground that she was appointed as female nursing orderly on compassionate grounds on 23.11.1994 and subsequently, she was kept under suspension on the ground that she has suppressed the fact of her marriage at the time of applying for the job and that as a matter of fact, she was married only one year after getting the job. The tribunal having observed that every opportunity was given to the applicant to prove her marriage subsequent to getting the employment, but it was proved that the applicant got married on 2.7.1988 i.e., even before securing the employment and that a charge memo and a show cause notice were issued to the applicant and after considering her explanation, final orders were passed removing her from service and therefore, there is nothing illegal and irregularity in passing the orders, dismissed the O.A. Having aggrieved by the same, the present writ petition is filed by the petitioner-applicant. Heard the learned counsel and perused the entire material available on record as well as the order impugned herein. The fact that remains undisputed is that the applicant was appointed as a female nursing on compassionate grounds on 23.11.1994 when her mother was retired on medical invalidation. The main thrust of the argument of the learned G.P. is that at the time of the appointment, the applicant has suppressed the fact that she was married and therefore, she, being a married daughter is not entitled to any compassionate appointment. Now, it is brought to the notice of this Court that in the first instance, the Mandal Revenue Officer has submitted a report with regard to the marital status of the petitioner at the time of her appointment on compassionate grounds and subsequently also, another enquiry has been initiated. But, no reasons are forthcoming for such an action. Apart from that, no material is adduced to show that copies of any such reports, have been furnished to the petitioner. In these circumstances, We feel that such an action amounts to violation of the principles of the natural justice. However, in the facts and circumstances of the case coupled with the undisputed facts that the applicant was appointed as a female nursing orderly on the eve of retirement of her mother on medical invalidation, We feel it a fit case wherein the case of applicant can be considered for the appointment as female nursing orderly afresh. Accordingly, this writ petition is allowed setting aside the order of the tribunal and directing the respondents to appoint the applicant-writ petitioner for the post of female nursing orderly afresh, forthwith. However, it is made clear that the applicant-writ petitioner is not entitled to any backwages for the period, during which, she was not on duty. _​______________________ Justice T.Meena Kumari ___________________ Justice S.Ashok Kumar Dated:27.03.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :14245 of 2006 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 27/03/2008 ,