IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 18802 of 2005 Between: Amancha Somanatham, s/o late Mallaiah, r/o H.No.24-4-351, Darga Kazipet, 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 the petitioner Amancha Vishnu Prasad to safeguard the fundamental right to life and living and pass such other order or orders as are deemed fit and in the circumstances of the case. Counsel for the Petitioner: MR.BANKATLAL MANDHANI Counsel for the Respondent: MR.D.V.Sitarama Murthy The Court made the following : ORDER: Heard the learned counsel for the petitioner as well as the learned Standing Counsel for the respondent- institution. This writ petition is ﬁled seeking for issuance of a writ of mandamus directing the respondent to implement the scheme of compassionate appointment and to accommodate the son of the petitioner Mr.Amancha Vishnu Prasad on compassionate grounds. The case of the petitioner is that he worked as a Senior Assistant in Central Stores Department of the respondent-institution. The respondent was formerly known as Regional Engineering College, Warangal, and was constituted in 1959 as a public society having been registered under A.P. (Telangana Area) Public Societies Registration Act. It is now known as National Institute of Technology, Warangal. The petitioner served the respondent-institute for about 30 years and while he was suﬀering from cervical spondylosis and vertibrobasillar insuﬃciency and bilateral painful ostio arthritis knees and was unable to discharge duties, sought for voluntary retirement through a letter dated 10-06-1996 for referring him to the medical authorities for necessary medical report and also sought for appointment of his son Sri A.Vishnu Prasad, who is holding certiﬁcate of Diploma in Electrical and Electronic Engineering, on compassionate grounds. The management of the engineering college referred the petitioner to the medical board for opinion which opined and certified on 06-09-1996 that he was completely and permanently incapacitated as per the medical invalidation report. It is also his case that as per the revised pension rules in terms of G.O.Ms.No.504 dated 30-071980 and G.O.Ms.No.309 dated 04-07-1985, he was permitted to retire from service with eﬀect from 06-09- 1996. It is also his case that he requested the authorities for appointment of his son as per G.O.Ms.No.309 dated 04-07-1985, but his request was not considered. It is his case that in terms of G.O.Ms.No.214 dated 09-06-1998 the employees who retired on medical invalidation grounds between 01-08-1996 and 09-06-1998 were to be processed and disposed of as per the conditions laid down therein. According to G.O.Ms.No.214 dated 09-06-1998, the medical board examined the petitioner and issued a certiﬁcate dated 22-04-1999 and his retirement was eﬀected on 06-09- 1996 in terms of the guidelines issued by the Government. It is also his case that as per G.O.Ms.No.117 GA (SER-A) Department, dated 12-04-2001, the son of the petitioner is entitled for consideration for appointment on compassionate grounds. But, since the case of the petitioner was not considered, he filed the writ petition. Learned counsel for the petitioner submitted that the dependants of the employees who retired on medical invalidation ground between 01-08-1996 and 09-06-1998 were considered for appointment and they were given the appointment order, but the same beneﬁt is not extended to the petitioner. He also drew the attention of this Court to the letter dated 20-10-2004 addressed by the Registrar to the learned counsel for the petitioner in the writ petition, wherein it is mentioned as follows: “With reference to your letter cited above regarding the proposal for compassionate appointment of spouse/children of employees who retired on medical invalidation in NIT, Warangal, this is to inform you that the Board of Governors at its meeting held on 17-07-2004 considered the possibility of appointing spouse/children of the four employees (Sri T.Machender, Sri A.Somanadham, Sri P.Ilaiah and Smt.J.Laxmi) who retired on medical invalidation prior to becoming NIT as one time measure. Further, Director was advised to present the relevant details of the pending four cases in the next meeting of Board of Governors. This is four your information.” Learned counsel for the respondent submits that since the letter addressed by the Registrar on 20-10-2004 to the learned counsel for the petitioner pertains to the year 2004 and no counter has been ﬁled in the writ petition, the petitioner’s case may be considered in accordance with law. Learned counsel for the petitioner also relied upon a judgment of the Apex Court reported in V.Sivamurthy v. State of Andhra Pradesh and others[1]. Having regard to the submissions made by both the learned counsel, I am of the opinion that, in view of the letter dated 20-10-2004 addressed by the Registrar of the respondent- institution to the learned counsel for the petitioner, wherein it is mentioned that the Board of Governors at its meeting held on 17-07-2004 considered the possibility of appointing spouse/children of four employees (Sri T.Machender, Sri A.Somanadham, Sri P.Ilaiah and Smt.J.Laxmi) who retired on medical invalidation prior to becoming NIT as one time measure and further, Director was advised to present the relevant details of the pending four cases in the next meeting of Board of Governors, it appears that the case of the petitioner was pending consideration as on the date of ﬁling of the writ petition and no orders have been passed thereon. Accordingly, the Writ Petition is disposed of directing the respondent to consider the case of the petitioner for appointment on compassionate ground in respect of the petitioner’s son who is dependent of the employee of the respondent-institution who retired on medical invalidation, 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. __________________ 18th October, 2008 SKM [1] 2008 (11) SCALE 294