IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 21510 OF 2009 Between: J.Sampath Kumar ..... PETITIONER AND The Sports Authority of A.P. (SAAP) Represented by its Vice Chairman & Managing Director, L.B.Stadium, Hyderabad .....RESPONDENT Counsel for the Petitioner: Counsel for the Respondent: The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 21510 OF 2009 ORDER : This writ petition is filed seeking a declaration that the inaction on the part of the 1st respondent-Sports Authority of Andhra Pradesh in considering the petitioner’s claim for compassionate appointment as Attender/Watchman/Sweeper or in any other equivalent suitable post as arbitrary and illegal. It is the specific case of the petitioner that his wife by name K.Bramaramba, who was in the service of the 1st respondent, died in harness and he being the legal heir made several representations requesting the 1st respondent to provide him suitable employment. Though the petitioner was also called upon to produce the necessary original certificates for taking further action for providing compassionate appointment, no such appointment was given. Hence, this writ petition. A counter affidavit has been filed on behalf of the 1st respondent stating that the Government of Andhra Pradesh issued G.O.Ms.No.1005, Employment and Social Welfare Department, dated 27.12.1974 for appointment of the child or spouse of a Government Servant, who dies in harness, without reference to the Employment Exchange. In supersession of G.O.Ms.No.1005, Employment and Social Welfare Department, dated 27.12.1974, subsequently G.O.Ms.No.687, General Administration (Services) Department, dated 03.10.1977 was issued with a view to provide permanent relief to the deserving bereaved members of the family of deceased Government servants. On the basis of the said Government orders, the Vice Chairman and the Managing Director of the 1st respondent was authorised by the Board, by resolution dated 30.07.1993, to make compassionate appointments in terms of G.O.Ms.No.1005, Employment and Social Welfare Department, dated 27.12.1974 and as a matter of fact during 1987 to 2006 some appointments were also made in the cadre of Class-III & IV. However, having entertained a doubt as to the existence of the scheme in view of the subsequent G.O.Ms.No.687, General Administration (Services) Department, dated 03.10.1977, the 1st respondent by letter dated 21.02.2009 sought a clarification from the Government. In response to the same the Government by Memo dated 09.06.2009 informed the 1st respondent that the scheme of compassionate appointment under G.O.Ms.No.687, General Administration (Services) Department, dated 03.10.1977 was applicable only to the Government servants and the same cannot be extended to the employees of the 1st respondent. Again the 1st respondent by letter dated 31.07.2009 requested the Government to clarify the position keeping in view that on the basis of G.O.Ms.No.1005, Employment and Social Welfare Department, dated 27.12.1974 the Vice Chairman and Managing Director of the 1st respondent was authorised to make compassionate appointments and accordingly certain appointments were also made. It is stated that since the clarification is still awaited from the Government, the 1st respondent could not take any action on the petitioner’s request for compassionate appointment. I have heard the learned counsel for both the parties and perused the material available on record. As per Section 16 of the Andhra Pradesh Sports Authorities Act, 1988, the Sports Authority shall function under the supervision of the Government and the Government shall have power to give such direction as it may deem fit from time to time. Thus, it is clear that the 1st respondent is bound to follow the instructions of the Government. Since the clarifications sought by the 1st respondent is still awaited from the Government (2nd respondent), though no mandamus can be granted at this stage compelling the 1st respondent to make the compassionate appointment as sought by the petitioner, I deem it appropriate to dispose of the Writ Petition with a direction to the 2nd respondent-Government of Andhra Pradesh Youth Advancement Tourism and Culture (Sports) Department, represented by its Principal Secretary to Government, to consider the request of the 1st respondent dated 31.07.2009 and clarify the position with regard to the appointment on compassionate grounds to the child/spouse of the deceased employees of the 1st respondent. Such order shall be passed as expeditiously as possible, preferably within a period of six weeks from the date of receipt of this order. No costs. _____________ G. ROHINI, J. Date: 18.01.2010 Ivd