IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 26095 of 2000 Between: A. Dilleswara Rao, S/o.late Thatayya, R/o.Pandit Street, Pathapatnam Village, Srikakulum District. ..... PETITIONER AND 1 The District Collector, Srikakulum. 2 The Girijan Co-operative Cooperation Ltd., Rep.by its Vice Chairman and M.D. Visakhpatnam. .....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 writ or direction preferably Writ of Mandamus declaring the action of the respondents in not appointing the petitioner for the post of Salesman/Attender/Messenger cum Watchman or any other suitable post on compassionate grounds as illegal, arbitrary, and unconstitutional and violative of the principles of natural justice and consequently direct the respondents to appointment the petitioner on compassionate grounds in light of the memo dt.22-3-97, vide Rc.No.158/97 Admn.issued by the respondent for the post of Salesman/attender/messenger cum watchman or in any other suitable post and pass such other or further orders as this Hon'ble Court deems ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.G.TUHIN KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: This writ petition has been filed seeking to issue a Writ of Mandamus declaring the action of the respondents in not appointing the petitioner on the post of Salesman/Attender/ Messenger cum Watchman or any other suitable post on compassionate grounds as illegal, arbitrary and unconstitutional and violative of the principles of natural justice and consequently direct the respondents to appoint the petitioner on compassionate grounds in the light of the Memo dated 22-03-1997 vide No.158/97 Adm. Issued by the respondents for the post of Salesman/Attender/Messenger cum Watchman or in any other suitable post. The case of the petitioner is that his father Mr. A. Tatayya M.C.W. worked in GPCMS Pathapatnam, died on 23-11- 1995 while he was in service in D.R. Depot, Dabaru in Pathapatnam Sector. After the death of his father he approached the respondents and made a representation for his appointment on compassionate grounds as a Salesman/Attender/Messenger cum Watchman. He studied up to Intermediate and also passed English Typewriting in lower grade. After considering the case of the petitioner, the respondents have issued a Memo dated 22-03-1997 informing the petitioner that at present there are no vacancies in the cadre of Salesman/MCW posts in GCC for considering the case of the petitioner for appointment on compassionate grounds. It is also informed that his name is kept in waiting list No.1 and as and when the vacancies arise, the case of the petitioner will be considered for his appointment. It is also submitted that with regard to the appointment he approached the respondents personally as well as by way of representations dated 26-12-1997, 27-03-1998, 19-07-1999 and 24-06-2000. The action of the respondents in deliberately delaying the matter by not considering his case is absolutely illegal, unconstitutional, arbitrary and in violation to the instructions issued by the Government. No counter has been filed. Heard the learned counsel for the petitioner and perused the material on record. Learned counsel for the petitioner submitted that subsequent to the death of the father of the petitioner there are number of vacancies arose and in spite of the same, the respondents are not considering the case of the petitioner. He also submitted that the last representation of the petitioner is dated 24-06-2000 and no orders have been passed so far. In view of the same, the petitioner is constrained to ﬁle WPMP. No.20686 of 2008 seeking a direction to the respondents to consider the case of the petitioner for his appointment under compassionate grounds to the post of Salesman/Attender/ Messenger cum Watchman. The main grievance of the petitioner is that though the respondents informed the petitioner that his case will be considered for his appointment on compassionate grounds as and when the vacancies arise and though he brought to the notice of the respondents with regard to the vacancy position his case is not considered so far. It is pertinent to note that from a perusal of the record it reveals that though the father of the petitioner died on 23-11-1995 the petitioner was informed vide Memo dated 22-03-1997 that at present there are no vacancies and his case will be considered as and when the vacancies arise. It is also pertinent to note that thereafter the petitioner made several representations dated 26-12-1997, 27-03-1998, 19-07-1999 and 24-06-2000 and the learned counsel for the petitioner submitted that no orders have been passed so far subsequent to the Memo dated 22-03-1997, considering the subsequent representations made by the petitioner. In that view of the matter, I am of the considered opinion that this writ petition can be disposed of directing the respondents to consider the case of the petitioner for his appointment on compassionate grounds. Accordingly, having regard to the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner this writ petition is disposed of directing the respondents to consider the case of the petitioner for his appointment on compassionate grounds to any of the post, which he is eligible, keeping in view the academic and technical qualiﬁcations and pass appropriate orders on the representations dated 26-12-1997, 27-03-1998, 19-07-1999 and 24-06-2000, said to have been made by the petitioner, in accordance with law, within a period of two months from the date of receipt of a copy of this order. In the result, the Writ Petition is disposed of. There shall be no order as to costs. ______________________ JUSTICE G. CHANDRAIAH Date: 04-082008 LSK