IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 19164 of 2008 Between: 1 The Special Chief Secretrary to Govt Govt of A.P Secretariat Hyderabad 2 The Commissioner of Prohibition & Excise A.P Hyderabad 3 The Prohibition & Excise Superintendent Mehidipatnam Krishna District 4 The District Collector Machilipatnam Krishna District ..... PETITIONER(S) AND P.N.V Durga Srinivas D.No.19/484 Circarthota, Machilipatnam Krishna District .....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 to issue a writ order or direction more particularly one in the nature of writ of Certorari" calling for the records relating to the orders of the Hon'ble A.P Admn,Tribunal,Hyderabad passed in O.A No.3966/2005 dt 03-08-2007 as being erroneous illegal and unreasonable and quash the same and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD Writ Petition No.19164 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking to quash the order dated 03-8-2007 passed in O.A.No.3966 of 2005 on the ﬁle of Andhra Pradesh Administrative Tribunal, Hyderabad, by virtue of which the Tribunal had directed the authority concerned to consider the case of the respondent - applicant for compassionate appointment, as per his qualification. 2. The respondent – applicant ﬁled the above O.A. seeking compassionate appointment on the ground that his father, Bapuji, died in harness on 04-06-2004 while working as Junior Assistant in the Oﬃce of the Prohibition and Excise Superintendent, Krishna District. The case of the applicant is that he made an application for compassionate appointment and the same was rejected by the Special Chief Secretary to Government vide Memo dated 17-06-2005 on the premise that the mother of the applicant – wife of the deceased was working as Deputy Mandal Revenue Oﬃcer, Challapalli, as on the date of death. The applicant further contended that his mother was ill and unable to perform the oﬃcial duties and as such, she had opted for voluntary retirement from service on 05-10-2004, which is ﬁve months after the death of her husband. The Tribunal after considering the rival contentions, directed the petitioners to consider the case of the respondent for appointment on compassionate grounds. Hence, this writ petition is ﬁled by official respondents in O.A. 3. Heard learned Government Pleader and learned counsel appearing for the respondent and perused the record. 4. Learned Government Pleader contended that the case of the respondent does not come within the purview of the Scheme of Compassionate Appointment as the wife of the deceased – father of the applicant, was working as Deputy Mandal Revenue Oﬃcer, Challapalli at the relevant time. He also contended that the married son can not be dependent on his father. On the other hand, learned counsel appearing for the respondent supported the impugned order. 5. We have considered the submissions made on either side. Admittedly, the respondent’s father was working as Junior Assistant in the said Oﬃce and he died on 04-06-2004 while in harness. G.O.Ms.No.687 General Administration (Services-A) Department dated 03-10-1977 stipulates that the application for compassionate appointment shall be made within one year from the date of death of the Government servant. In the instant case, the respondent’s father died on 04-06-2004, and the respondent made an application seeking compassionate appointment within one year after his father’s death. It is not disputed that the mother of the respondent has taken voluntary retirement from service after the death of her husband. It is to be noted that the respondent was dependent on his father and his mother is ill and is out of service. The object of the compassionate appointment is to provide immediate succour to the member of the bereaved family and as such, purposeful interpretation has to be given to the Compassionate Appointment Scheme. Having regard to the facts and circumstances, we are not inclined to interfere with the impugned order in exercise of writ jurisdiction under Article 226 of the Constitution of India. 6. The writ petition fails and it is accordingly dismissed at the stage of admission. ___________________________ GHULAM MOHAMMED, J. ________________________ G.BHAVANI PRASAD, J. 04-09-2008 Bsc