IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 16003 of 2008 Between: Sunil Kumar S/o.Late Mohal Lal H.No.11-2-643/1/B Habeeb Nagar Hyderabad ..... PETITIONER AND 1 The Govt of A.P rep.by its Secretary Municipal Administration Department Secretariat,Hyderabad 2 The Municipal Corporation of Hyderabad rep.by its Commissioner Tank Bund Hyderabad .....RESPONDENT(S) 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 to issue a writ order or direction more particularly one in the nature of writ of Certiorari calling for the records pertaining the orders passed in O.A No.3847 of 2005 dt.24-03-2008 by the Hon'ble A.P Administrative Tribunal and declare the proceedings issued by the 2nd respondent in Lr.No.61A/WS/B2/MCH/2004/1952/ Dt.18-11-2004 as illegal arbitrary and contrary to the object of the scheme of compassionate appointment apart from being violative of Articles 21 of constitution of India and consequently set aside the same including the orders passed in O.A No.3847 of 2005 dt.24-03-2008 and consequently direct the respondents to consider the case of the petitioner for compassionate appointment to any suitable post in the 2nd respondent corporation and pass Counsel for the Petitioner : KOVVURI KRISHNA KISHORE Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.16003 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed against the order dated 24-3-2008 passed in O.A.No.3847 of 2005 on the ﬁle of Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The petitioner–applicant ﬁled the above O.A. challenging the proceedings issued by the second respondent dated 18-11-2004 rejecting his request for compassionate appointment on the ground that his mother is working as GPE (WS) in Hyderabad Metro Water Works and Sewerage Board, Hyderabad. The petitioner’s father was working as Scavenger with the Municipal Corporation and he died in harness, therefore he sought appointment on compassionate grounds. The Tribunal held that the petitioner’s mother is already employed and he is not entitled to compassionate appointment and accordingly dismissed the O.A. 3. Heard learned counsel for the petitioner, learned Government Pleader and Sri Ramachandra Reddy, learned standing counsel for respondent Corporation. 4. Admittedly, the petitioner’s mother is employed in Hyderabad Metro Water Works and Sewerage Board, Hyderabad, and it is averred that she is not looking after her children including the petitioner. Whatever may be the reason, the compassionate appointment cannot be claimed as a matter of right and it is intended to provide succour to the family members, who lost their breadwinner. In the circumstances, we are not inclined to interfere with the impugned order. However, this order will not preclude the petitioner from making a representation to the concerned authority, indicating all the circumstances and upon ﬁling such representation, the authority shall consider the case of the petitioner for appointment to the post of Scavenger and pass appropriate orders, within a period of six weeks from the date of receipt of the representation. 5. The writ petition is accordingly disposed of at the stage of admission. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 24-07-2008 bsc