IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HONOURALBE SRI JUSTICE G.CHANDRAIAH W.P. No.735 of 2011 Between: M.Bhagya Lakshmi … Petitioner And Government of A.P. rep.by its Principal Secretary, School Education, Secretariat, Hyderabad and others. … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.735 of 2011 ORDER: Questioning inaction on the part of the 3rd respondent for not paying ex-gratia amount of Rs.2,50,000/- as per the 2nd respondent’s proceedings dated 03.10.2007 and also challenging the 1st respondent’s Memo dated 23.04.2008 for not providing compassionate appointment in Aided School on the ground there is a ban on compassionate appointments in Aided School including the clarification Memo dated 09.06.2010, the petitioner filed the present writ petition. The case of the petitioner, in brief, is that she is the wife of her deceased husband, who died while in service on 02.07.2006. Therefore, she made a representation dated 01.08.2006 to the 1st, 2nd and 4th respondents with a request to provide employment to her son and pay ex-gratia amount. Eventually, the respondents rejected the representation dated 01.08.2006 holding that there is ban on compassionate appointments in Aided Schools vide Memo dated 23.04.2008. In this regard, it is submitted that to over come the ban on compassionate appointment, the 1st respondent issued G.O.Ms.No.113, dated 06.10.2009. But after issuance of the said Government order, the 2nd respondent sought clarification in another case for providing employment, the 1st respondent given a clarification that the Government order will come into force only on the date of issuance Government order on 06.10.2009. Therefore, the case of the petitioner for appointment to her son under compassionate grounds is defeated once again by the clarification issued by the 1st respondent. The very object of the Government to provide employment to the deceased employee dependants in any department other than Aided institutions. Hence, the present writ petition. On behalf of the respondents, additional counter affidavit has been filed wherein it is categorically submitted that though initially the petitioner refused to receive the Demand Drafts (DDs) that were drawn in the name of the petitioner for an amount of Rs.2,50,000/- towards ex gratia, she received the same on the orders of this Court. As the husband of the petitioner died while in service, the petitioner made representation to the respondent authorities seeking two reliefs such as, for payment of ex gratia and employment to her son on compassionate ground. In the additional counter affidavit submitted by the respondents it is categorically submitted that the petitioner has received Demand Drafts (DDs) for an amount of Rs.2,50,000/- towards ex gratia. Therefore, as far as the first relief is concerned, now she has no grievance. Insofar as, the second relief i.e. providing employment to her son on compassionate ground is concerned by considering her representation dated 01.08.2006 rejected her request vide Memo dated 23.04.2008 on the ground that there is ban on compassionate appointment. But it is submitted by the learned counsel for the petitioner that the Government has issued G.O.Ms.No.113, dated 06.10.2009 reviving the scheme of compassionate appointment to the dependents of the deceased aided employees working in aided institutions and to provide them employment in ZP/MPP/Government offices. He further submitted that as the request of the petitioner was rejected before passing the said G.O., the respondents may be directed to reconsider the representation of the petitioner taking into consideration the G.O.Ms. No.113, dated 06.10.2009. In view of the above, having regard to the facts and circumstances of the case and the submissions made by the learned counsel, the respondents, particularly 1st and 4th, are directed to consider the case of the petitioner taking into consideration the G.O.Ms.No.113, dated 06.10.2009 and to pass appropriate orders, in accordance with law, within a period of two months, from the date of receipt of a copy of this order. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 06.04.2011 LSK