IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 19870 of 2005 Between: T. Machender, S/o. Parmoji, R/o. H.No. 15-5-87, Papaiahpet Chaman, Warangal Town and District. PETITIONER AND National Institute of Technology, Kazipet, Warangal Rep by its Director .....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 exercise the extraordinary jurisdiction under Article 226 of the constitution of India, by issuing a Writ of Mandamus or any other suitable order or direction to exercise the extraordinary jurisdiction under Article 226 of the constitution of India by issuing a Writ of Mandamus or any other suitable order or direction to implement the scheme of compassionate appointment accordingly direct the respondent, if necessary even to create supernumerary post to accommodate son of petitioner T. Rajender to safeguard the fundamental right to life and living and pass such other order or orders as are deemed fit in the circumstances of the case Counsel for the Petitioner:MR.BANKATLAL MANDHANI Counsel for the Respondent No.: MR.ABHINAND KUMAR SHAVILI The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI Writ Petition No.19870 of 2005 ORDER: The petitioner herein worked as ‘D’ Grade Mechanic in Civil Engineering Department of the respondent- National Institute of Technology, Kazipet, Warangal, which was formerly known as Regional Engineering College, Warangal. After serving the institution for about 32 years, he sought voluntary retirement on health grounds in the year 1996. Pursuant thereto, after obtaining a report from the Medical Board, that the petitioner was completely and permanently incapacitated, the petitioner was permitted to retire from service with effect from 6.9.1996 in terms of G.O.Ms.No.504, dated 30.7.1980, and G.O.Ms.No.309, dated 4.7.1985. Thereafter, the petitioner made a request to consider the appointment of his son as per G.O.Ms.No.309, dated 4.7.1985, which provides for compassionate appointment of son/daughter/spouse of government employees, who retired from service on medical grounds. The Registrar of the respondent-institution informed the petitioner and two other similarly situated employees that their cases would be placed before the Board of Governors for settling their claims. However, no further steps were taken by the respondent for appointing the petitioner’s son on compassionate ground. Hence, the present writ petition, seeking a direction to the respondent to implement the scheme of compassionate appointment and to appoint the petitioner’s son, if necessary by creating a supernumerary post. Though no counter affidavit is filed on behalf of the respondent, the learned counsel appearing for the respondent, on instructions, stated that the request of the petitioner to appoint his son on compassionate grounds could not be considered since the scheme for compassionate appointment on the ground of medical invalidation was dispensed with under G.O.Ms.No.202, dated 27.4.2002. However, the learned counsel for the petitioner, while relying upon a recent decision i n V.M. Satyanarayana vs. The Superintending Engineer[1], submitted that the scheme for compassionate appointment of dependants of Government servants on medical invalidation has been upheld by the Supreme Court. It is to be noted that a Full Bench of this Court in Govt. of A.P. vs. D.Gopaiah (W.P.No.13489 of 2001 & etc, dated 12.10.2001) declared that there can be no appointment on compassionate grounds in cases other than death of employees in harness and that the scheme for compassionate appointment of a dependant of an employee on medical invalidation was unconstitutional. Pursuant thereto, the State Government issued G.O.Ms.No.202, dated 27.4.2002. Some of the persons whose services were terminated on the basis of G.O.Ms.No.202, dated 27.04.2002 filed O.A.No.5902 of 2003, but the same was dismissed by A.P. Administrative Tribunal. The said order was confirmed by this Court. However, on Appeal, the Supreme Court in V.M. Satyanarayana’s case (1 supra) set aside the termination. By a separate judgment rendered in C.A.No.4210 of 2003, dated 12.08.2008, the Supreme Court has also set aside the judgment of the Full Bench of this Court in Govt. of A.P. vs. D.Gopaiah holding that the scheme for compassionate appointment of the dependants of the Government servants on medical invalidation as per the G.Os dated 30.7.1980, 4.7.1985 and 9.6.1998 is valid. Having regard to the above said decisions of the Supreme Court, it is not open to the respondent to rely upon the G.O.Ms.No.202, dated 27.4.2002. Accordingly, the writ petition is disposed of with a direction to the respondent to consider the request of the petitioner for appointment of his son on compassionate grounds as proposed vide letter dated 20.11.2004, and take appropriate decision in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of this order. No costs. _______________ Justice G.Rohini Date:02.04.2009 mrb [1] 2008 (11) SCALE 311