Excerpt
A single-judge Bench consisting of Honourable Justice Battu Devananda gave orders on the writ petition filed by the Petitioner. The petition was filed to issue any appropriate writ or writ of mandamus declaring the action of the Respondent in rejecting the Petitioner’s case for compassionate appointment as illegal, arbitrary, and violative of Article 14, 16 and 21 of the Constitution of India. The Petitioner also demanded setting aside all the rejection letters issued by the Respondent.
Facts
In this case, the father of the Petitioner had joined the service of APSEB on 01.10.1977. While he was working, he went on leave with effect from 06.04.2001 due to ill-health. An application was made by him for retirement on medical invalidation grounds. On the opinion of the medical board, he was relieved from the services from 31.08.2001. Later on, a new order was passed stating that the father of the Petitioner was deemed to have been relieved from the services from 06.04.2001. The father of the Petitioner died on 26.10.2001 and the pension was sanctioned with effect from 06.04.2001. The Petitioner made by the Petitioner on 04.06.2008 and 15.07.2008 were rejected by the Respondents on the grounds that his father had only 4 years 10 months balance service and only 5 years or more left-over service candidates were entitled to claim compassionate appointment. A writ appeal was filed by the Respondent on this claim and the Court observed that the Petitioner’s father had retired on 06.04.2001 and not on 31.08.2001. Therefore, the rejection of the claim on the ground mentioned above was not correct, and the order of rejection was set aside. Compassionate employment should be provided to the Petitioner.
Arguments Advanced
The learned counsel for the Petitioner submitted before the Court that the grounds which were invented by the Respondent to defeat the claim of the Petitioner did not stand for judicial scrutiny as it was decided in the order of the Court itself that setting aside the claim on grounds of tenure of the service is illegal and also amounts to violation of the order of the Court. Further rejecting the second ground the counsel submitted that the Respondent permitted to issue appointment orders to the 17 candidates depending upon the medical invalidated employees and the first Respondent had also approved their appointment.
The learned counsel for the Respondent submitted before the Court that according to Andhra Pradesh State Electricity Board, the benefit of compassionate appointment to the dependents of employees, who were retiring on a medical basis was confined to 5 years before attaining the age of superannuation. The counsel further submitted that the Petitioner’s father had been found not having 5 years of left over service from the date of relief on medical invalidation.
Court’s Analysis
Though the father of the Petitioner expired on 26.10.2001 since the bread earner of the family, unfortunately, met with premature death, it resulted in untold financial sufferings for the entire family. The representation of the Petitioner went unheeded by unfound reasons and the Petitioner had to move the Court continuously for legally entitled relief. Therefore, rejection of representations of Petitioner was not maintainable and Respondents were directed to give compassionate employment to the Petitioner.
Court’s Decision
The Court was of the opinion that rejection of the claims of the Petitioner was unjust, illegal and violative of Article 14,16 and 21 of the Constitution of India and accordingly the impugned proceedings were not sustainable in the eyes of law and should be set aside. Therefore, the writ petition was allowed and the Respondents were directed to issue compassionate appointment to the Petitioner as per his qualification in any suitable post within 6 weeks from the date of receipt of a copy of the order.
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