IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.12964 of 2009 Between: 1 Government of Andhra Pradesh,rep.by its Principal Secretary, Revenue Department, AP SEcretariat, Hyderabad 2 The Special COmmissioner and Director, Survey Settlement & Land REcords, Gagan vihar, 4th floor, M.J.Road, Hyderabad 3 The Deputy Director, Survey & Land Records Central Survey office, Narayanaguda, Hyderabad ..... PETITIONER(S) AND Smt.Kareemunnia Begum , Worked as Attender O/o.Deputy Director, Survey & Land Records, Central Survey office, Narayanaguda, Hyderabad .....RESPONDENT 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 a direction more particularly one in the nature of writ of Certiorari calling for the records relating to the orders of the AP Administrative Tribunal passed in OA.No.5759/2004 dated 30.12.2008 and quash the same as being perverse, in excess of jurisdiction and contrary to law and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 12977 of 2009 Between: 1 Government of Andhra Pradsh Rep. by its Prl. Secretary, Revenue Department, A.P. Secretariat, Hyderabad. 2 The Special Commissioner and Director Survey, Settlement & Land Records Gagan Vihar, 4th Floor, M.J. Road, Hyderabad. 3 The Deputy Director, Survey & Land Records Centra; Survey Office, Narayanaguda, Hyderabad. ..... PETITIONER(S) AND Smt. Kareemunnia Begum Worked as Attender , O/o. Deputy Director, Survey & Land Records, Central Survey Office Narayanguda, Hyderabad. .....RESPONDENT 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 a direction more particularly one in the nature of writ of Certiorari calling for the records relating to the orders of the Orders of the A.P. Administrative Tribunal Passed in OA No. 796/2004 dt. 30-12-2008 and quash the same as being perverse, in excess of jurisdiction and contrarya to law and pass such other order or orders Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION Nos.12964 and 12977 of 2009 COMMON ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) Since both these writ petitions arise out of the common order dated 30-12-2008, in O.A.Nos.796 of 2004 and 5759 of 2004, filed by the respondents herein, who are mother and son, they are taken up together for disposal by way of common order. O.A.No.796 of 2004 was filed by the respondent in W.P.No.12977 of 2009 seeking to declare the action of the petitioners herein in not granting pension, gratuity and other benefits to her though she had retired from service on 13-04-2000 as illegal and arbitrary and consequently to direct the petitioners herein to release pension, gratuity and other benefits as per law. O.A.No.5759 of 2004 was filed by the respondent in W.P.No.12964 of 2009 seeking to set aside the proceedings dated 05- 10-2004, issued by the 3rd petitioner herein in Rc.No.A1/152/2000, as the same are illegal and arbitrary. The brief facts of the case are that Kareemunnisa Begum, who is the respondent in W.P.No.12977 of 2009, while working as attender in the office of Deputy Director (Survey & Land Records) Central Survey Office, Hyderabad, made an application on 20-01-2000 requesting to permit her to retire on medical invalidation and also requested to appoint her son, who is the respondent in W.P.No.12964 of 2009, on compassionate grounds. Pursuant to the said application, she was referred to Superintendent, Osmania General Hospital, Hyderabad, for medical examination. The Superintendent, Osmania General Hospital, Hyderabad, issued Medical Invalidation Certificate, dated 30-03-2000 stating that she was unfit to continue in service. Basing on the said Certificate, the 3rd petitioner vide proceedings Rc.No.A1/152/2000, dated 01-05-2000, permitted her to retire from service and accordingly, she relived from duties with effect from 13-04-2000. Thereafter, on 10-08-2000, proposals were sent by the 3rd petitioner to the 2nd petitioner to consider the case of appointment of her son viz., Md.Mahmood Ahmed, who is the respondent in W.P.No.12964 of 2009. But, the 2nd petitioner took an objection to verify as to whether the case of Kareemunnisa Begum was considered in accordance with G.O.Ms.No.214, dated 09-06-1998, and accordingly, while returning the proposal of compassionate appointment, directed the 3rd petitioner to take necessary action as per the order of the Government in G.O.Ms.No.214, dated 09-06- 1998. Pursuant to the said direction, the matter was placed before the District Level Committee to ratify recommendation regarding appointment of her son on compassionate grounds, as Kareemunnisa Begum was relieved on medical invalidation with effect from 13-04- 2000. The District Level Committee in its meeting held on 01-02-2001 examined the said Kareemunnisa Begum and agreed for retirement on medical invalidation. Thus, it is the case of the petitioners that the authority to permit retirement is the District Level Committee but not the 3rd petitioner and the District Level Committee took its decision only on 01-02-2001 and pursuant to the said decision, the compassionate appointment was given to her son on 16-05-2001 and he joined duty on 21-05-2001. It is stated that as per the Rules to consider compassionate appointment, in the place of a medical invalidated government servant, there shall be a clear five years of service. But, in the instant case, the retirement of Kareemunnisa Begum on medical invalidation with effect from 13-04- 2000, as permitted by the 3rd petitioner, was only ratified by the District Level Committee on 01-02-2001, and her date of retirement i.e., 01-02- 2001 is taken into account, Kareemunnisa Begum was not having clear five years left over service as on 01-02-2001 and, therefore, the compassionate appointment of her son was cancelled by the proceedings of the 3rd petitioner, dated 05-10-2004. A perusal of the impugned order goes to show that the Tribunal, after considering the rival contentions as well as the material available on record, held that admittedly, Kareemunnisa Begum was permitted to retire from service on medical invalidation that too after obtaining report from the competent Doctor of Osmania General Hospital with effect from 13-04-2000. In fact, the District Level Committee ratified the said retirement on medical invalidation on 01-02-2001. Merely because there was a delay in taking decision by the District Level Committee, it cannot be said that the said Karimunnisa Begum deemed to have been retired from the date of ratification. Therefore, the Tribunal rightly held that she has retired with effect from 13-04-2000, on which date, the 3rd petitioner actually permitted her to retire on medical invalidation. If that being the case, there is a clear five years left over service as on 13-04-2000. Therefore, it cannot be said that appointment of her son on compassionate grounds is illegal, arbitrary and contrary to the Rules. Therefore, we are of the opinion that the Tribunal rightly allowed the said O.As. and as such, we do not find any infirmity either legal or otherwise in the impugned common order, so as to call for interference by this Court under Article 226 of the Constitution of India. Accordingly, the writ petitions are dismissed. However, the petitioners herein shall pay all retirement benefits to Kareemunnnia Begum within four weeks from today, if not already paid. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________ K.C.BHANU, J Date: 01-07-2009 Prv