HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.1706 OF 2002 Dt.30.9.2010 Between: B.Jyothi Kumari ..Petitioner And District Collector, Nellore and others ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.1706 OF 2002 ORDER: This writ petition is filed seeking writ of mandamus declaring the action of respondents 2 and 3 in not considering the case of the petitioner for compassionate appointment as being arbitrary and illegal and to direct the respondents to consider and appoint the petitioner as Junior Assistant in the 4th respondent school in the existing vacancy on compassionate grounds. It is the case of the petitioner that her husband B.Ramagopal while working as Physical Education Teacher in the aided post of 4th respondent High School died on 28.3.1998. The petitioner is a graduate and she is entitled to be considered for compassionate appointment and accordingly she made a representation on 27.7.1998 before the respondents and thereafter furnished the relevant material. Consequently, the District Educational Officer, Nellore, who is the competent authority, vide proceedings, dated 22.4.1999, directed the 4th respondent to appoint the petitioner to the post of Attender in the existing vacancy as per orders of the Government in G.O.Ms.No.568, dated 1.7.1982, on compassionate grounds. According to the said G.O., the spouse, sons or daughters of the deceased employee working in aided schools are entitled to be considered for compassionate appointment. The petitioner being the bereaved wife of the deceased is entitled to be considered in one of the aided posts as per the said G.O. It is stated that the case of the petitioner has not been considered in spite of orders passed by this Court in W.P.No.14760 of 1999 and W.P.No.11296 of 2000 which were disposed of on 30.6.2000 directing the 4th respondent to consider the case of the petitioner for appointment to the post of Junior Assistant or any other post to which she is qualified and eligible and send proposals to the District Educational Officer within a period of two weeks from the date of receipt of a copy of the said order and on such proposal being sent by the 4th respondent, the District Educational Officer may consider permitting the 4th respondent to appoint the petitioner as Junior Assistant or in any suitable post. It is stated that though the proposals have been sent, the 2nd respondent has not passed any orders. Therefore, this writ petition has been filed. Counter affidavit has been filed on behalf of respondents 1 to 3 stating that the post of Junior Assistant fell vacant from 1.7.2000 and the 4th respondent management has agreed to issue posting orders to the petitioner after getting directions from the Regional Joint Director of School Education, Guntur and necessary certificates were also sent for getting approval of the Regional Joint Director of School Education. The Regional Joint Director of School Education, Guntur has also issued directions to submit necessary proposals by the 4th respondent to consider the case of the petitioner. It is stated that the Regional Joint Director of School Education and the District Educational Officer issued several reminders to the 4th respondent for taking necessary action in the matter. The District Educational Officer, Nellore has asked the 4th respondent vide letter dated 21.2.2002 to submit the proposals along with necessary certificates in respect of the petitioner so as to submit the same to the Regional Joint Director of School Education, Guntur for getting prior permission to fill up the Junior Assistant post on compassionate grounds. Having regard to the facts and circumstances of the case, the 4th respondent is directed forthwith to send proposals along with necessary certificates to respondents 2 and 3 preferably within two weeks from the date of receipt of a copy of this order and within two weeks thereafter respondents 2 and 3 shall accord necessary permission permitting the 4th respondent to appoint the petitioner in the post of Junior Assistant on compassionate grounds. The entire exercise shall be completed within a period of six weeks. The writ petition is accordingly allowed. No order as to costs. _________________ V.ESWARAIAH, J. 30.9.2010 kpr