THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.30169 of 2011 ORDER: 1 Petitioners claim to be the dependents of the deceased employees. They filed this Writ Petition seeking a writ of Mandamus directing the respondents to consider their case for appointment on compassionate grounds in terms of Memorandum No.140416/94-Estt (D) dated 09.10.1998. 2 The case of the petitioners is that petitioners 1 to 4 and 6 are the sons and the petitioner No.5 is the widow of the respective deceased employees, who held different posts like Ex-Head Cook, Ex-Assistant Cook, Sweeper, Ex-Mechanic, Ex-Kitchen Assistant and Junior Assistant in the 2nd respondent administration i.e. The Director, National Institute of Technology, Warangal (Engineering College) and died during the course of their employment leaving behind the petitioners as their dependants. The petitioners made a representation dated 21.06.2009 to the Special Secretary (Tech.), National Institute of Technology, Government of India, New Delhi seeking to provide them employment on compassionate grounds as the petitioners are the dependants of the deceased employees in terms of the Memorandum No.140416/94-Estt (D) dated 09.10.1998. However, the said representation has not been considered so far. Hence they filed the present Writ Petition. 3 The learned counsel for the petitioners would submit that the petitioners 1 to 4 and 6 are the sons and the petitioner No.5 is the widow of the respective deceased employees and that the deceased employees worked in the 2nd respondent institution and died during the course of their employment. The learned counsel further submitted that there is a scheme contemplated by the respondents, for providing employment to the dependants of the deceased employees on compassionate grounds vide Office Memorandum No.140416/94-Estt (D) dated 09.10.1998. He further submitted that in terms of the said office Memorandum, though the petitioners have submitted a representation to the respondent authorities on 21.06.2009, so far the respondents have not passed any orders on the said representation. Therefore, it is submitted that the petitioners are entitled for consideration of the representation being made by them and that the non-consideration of the said representation on the part of the respondents amounts to violation of Articles 14, 16 and 21 of the Constitution of India. 4 The Government of India has contemplated a scheme known as “Scheme for compassionate appointment under the Central Government – Revised consolidated instructions”, pursuant to which instructions have been issued in Office Memorandum No.140416/94-Estt (D) dated 09.10.1998, which reads as under: OFFICE MEMORANDUM Subject: Scheme for compassionate appointment under the Central Government – Revised consolidated instructions. The undersigned is directed to say that the existing instructions for making compassionate appointment under the Central Government have since been reviewed in the light of the various court judgments and other decisions including those taken on the various recommendations contained in the Fifth Central Pay Commission Report as well as the Study Reports of 1990 and 1994 prepared by the Department of Administrative Reforms and Public Grievances on the subject and they have accordingly been revised / simplified and consolidated as in the enclosed scheme which will supercede all the existing instructions on the subject. This may be brought to the notice of all concerned for information and necessary action.” 5 The said memorandum contemplates that the object of the scheme is to provide appointment on compassionate grounds to a dependant family member of a Government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, to relieve the family of the Government servant from financial destitution and to help it get over the emergency. 6 The learned counsel for the petitioners submits that the said scheme would apply to the case of the petitioners and that the said Office Memorandum is in force as on today. 7 Having regard to the fact that the representation dated 21.06.2009 made by the petitioners is pending with the respondent authorities, without going into the merits of the case, this Writ Petition is disposed of at the stage of admission, directing the respondents to consider the said representation given by the petitioners for providing them appointment on compassionate grounds in terms of the Office Memorandum No.140416/94-Estt (D) dated 09.10.1998 if the said scheme is in force as on today and also if the petitioners are otherwise eligible and pass appropriate orders thereon in accordance with law, within a period of two months from the date of receipt of a copy of this order. No order as to costs. ----------------------- G. CHANDRAIAH, J. 15.11.2011 Kvsn