IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 4322 of 2005 Between: K.Venkataramana, s/o K.Sikhamani, R/o D.No.22-1143, Kongareddy Palli, Chittoor, Chittoor District. ..... PETITIONER AND 1 Union of India, rep., by its Secretary, Law Department, Central Secretariat, New Delhi-1. 2 Govt. of Andhra Pradesh, rep., by its Secretary, General Administration (Service-A) Department, Secretariat, Hyderabad-4. 3 The District and Sessions Judge, Chittoor District, Chittoor. ..RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring Section 108 of Indian Evidence Act 1872 prescribing 7 years for a missing person to be deemed dead is no more a good law, consequently to set aside the circular memo No.60681/Aer.A.2003 dt.12-08- 2003 issued by respondent No.2 as arbitrary, illegal, violative of Articles 14 and 16 of the Constitution of India and further declare that the petitioner can be considered for appointment to any Group-D post under R-3 on compassionate grounds. Counsel for the Petitioner: MR.C.M.R.VELU Counsel for the Respondent No.1: MR.A.RAJASEKHAR REDDY, ASSISTANT SOLICITOR GENERAL Counsel for the Respondent No.2: GP FOR LAW & LEGISLATIVE AFFAIRS Counsel for the respondent No.3: SMT. M.BHASKARALAKSHMI, SC FOR HIGH COURT OF A.P. The Court made the following: ORDER: (Per BRSR,J) The impugned Circular, in our considered opinion, does not suffer from any infirmity requiring interference of this Court. The question of considering appointment on compassionate grounds does not arise in view of the law laid down by this Court in GOVERNMENT OF ANDHRA PRADESH Vs. D.GOPAIAH. The writ petition shall accordingly stand dismissed. ___________________________ B. SUDERSHAN REDDY,J. Date: 21.03.2005. __________________ C.V. RAMULU, J. GS/KS To 1 The Secretary, Union of India, Law Department, Central Secretariat, New Delhi-1. 2 The Secretary, Govt. of Andhra Pradesh, General Administration (Service-A) Department, Secretariat, Hyderaba-4. 3 The District and Sessions Judge, Chittoor District, Chittoor. 4 Two C.D. Copies.