Telangana High Court Directs Widow to Prove As Legal Heir of Late Husband Before Requesting Competent Authority to Provide Her Employment on Compassionate Grounds

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In Kahekashan Sultana v. The State Of Telangana, on July 1, 2020, the Court directs the competent authority to consider the request of the petitioner for providing her employment on compassionate ground. This should be done after the petitioner proves herself as the legal heir of late Shaik Khaliq Hussain.

Brief Facts of the Case

The petitioner is a widow. Her husband Late Shaik Khaliq Hussain has expired on 28.04.2019. Subsequently, she applied to the District Prohibition and Excise Officer, Mahabubnagar. She requested them to employ her on compassionate grounds on her husband’s death. However, the District Prohibition and Excise Officer rejected the application. They directed the petitioner to furnish certain documents. For this, the petitioner sought some more time.

The petitioner stated that she applied to the revenue authorities. However, the revenue authorities have not furnished the documents. Instead, they rejected the request of the petitioner. The Tahsildar, Mahabubnagar, vide his letter, on 20.09.2019. He has already issued endorsement against the petitioner.

The Contention of the Petitioner

Learned counsel for the petitioner submits that the Tahsildar vide his endorsement. The late husband of the petitioner had another wife. That first wife already has obtained a legal heir certificate. For that, they have rejected the request of the petitioner to grant such a certificate. Learned counsel also states that the petitioner has instituted suit. The suit is pending.

Observation of the Court

The Court observed that the petitioner does not have the legal heir certificate. Hence, rejecting the request of employing her on compassionate grounds is not a fault. Thus, the Court does not find any error in the said order.

The Decision of the Court

The Court, in light of the opinion, decided that firstly, the petitioner has to prove that she is the legal heir of late Shaik Khaliq Hussain. Then it is open to the petitioner to submit a fresh application. The petitioner can also request the authority to provide employment on compassionate grounds. After the application, the competent authority will consider the request of the petitioner. The authority will fulfill all other parameters. The competent authority will also provide her employment on compassionate ground.


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