IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 15047 of 2005 Between: U.A.P.Sarma, s/o late U.V.Ramana, c/o Ch.Suresh Suri, Aparna Apartments, T-5, Sanjeevaiah Nagar, N.A.D.Kotha Road, Visakhapatnam-9. ..... PETITIONER AND 1 The General Manager (Admn.), A.P.Genco Ltd., Vidyutsoudha, Hyderabad. 2 Superintending Engineer (O &M), Mothugudem, Lower Sileru Hydro Electric Scheme, A.P.Genco Ltd., Khammam District-507113. .....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 any appropriate writ order or direction particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in rejecting the petitioner's case for compassionate appointment vide Lr.No.GM(A)/DS(P)/AS(R)/PO- A/A2-1002/02, dt.7-11-2003 as arbitrary, illegal and violative of Article 14, 16 and 21 of the Constitution of India, violative of Regulation 19 of A.P.S.E.B.Service Regulations, Part-III, consequently set aside the s a i d Lr.No.GM(A)/DS(P)/AS(R)/PO-A/A2-1002/02, dt.7-11-2003 issued by the 1st respondent and direct the respondents to appoint me on compassionate grounds in terms of B.P.Ms.No.247 Personnel Services, dt.17-3-1989 r/w Regulation 19 of APSEB service regulations, Part-III and pass such other orders as may be just. Counsel for the Petitioner:MR.CHANDRAIAH SUNKARA Counsel for the Respondent No.: MR.K.CHIDAMBARAM The Court made the following : ORAL ORDER: It appears, petitioner’s father while working in the Respondent Organisation was made to retire on 6.4.2001 on medical grounds with a promise that his son will be provided with employment since there was a scheme available during the year 2001. However, when the petitoner made representation to the respondents for providing employment on compassionate grounds, his case was rejected on the ground that his father was having only 4 years, 10 months balance service left over as on the date of his retirement on medical invalidation. According to the respondents, unless one has a left over service of five years or more, his children are not entitled for claiming compassionate appointment. This appears to be not correct in the light of the counter filed by the respondents. At paragraph 4 of the counter filed on behalf of respondents, it is stated that petitioner’s father was relieved of his duties with effect from 31.8.2001 A.N. at the first instance. Later, revised relief orders were issued duly allowing him to retire with effect from 6.4.2001 F.N. and he has not joined duty earlier to his medical examination and report vide Memo dated 10.4.2002. Further, before submitting pension papers, petitioner’s father expired on 26.10.2001. The pension was sanctioned with effect from 6.4.2001 and the benefits were passed on to his wife. These admitted averments would indicate that the father of the petitioner was made to retire on medical grounds with effect from 6.4.2001 and not on 31.8.2001 and if 6.4.2001 is taken into consideration, petitioner’s father had more than five years left over service after retirement on medical grounds. Under those circumstances, I am of the opinion that the rejection of case of the petitoner on the ground that his father had left over service of less than five years is not correct, therefore, rejection of petitioner’s claim on that ground is not tenable and the impugned order is liable to be set aside. In the result, the writ petition is allowed and the impugned order is set aside. The respondents are directed to consider the case of the petitoner for providing employment in any suitable post in the Respondent Organisation on compassionate grounds and pass appropriate orders, as per law, within a period of six weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. No order as to costs. ____________ C.V.RAMULU, J Date: 31.3.2008 DA THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.15047 of 2005 31.3.2008