IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO and THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.5284 of 2008 Between: A. Shiva Kumar, S/o Late G. Ayya Swamy, R/o 10-771, PH Wada, Chittoor chittoor District. ..... PETITIONER AND 1 The Registrar, High Court of Andhra Pradesh, Hyderabad. 2 The District & Sessions Judge, Chittoor, chittoor District. .....RESPONDENTS 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 issue an order or direction, more particularly one in the nature of Writ of Mandamus, directing the respondents to consider the case of the petitioner as against the petitioner in WP No. 4778/1994 for compassionate appointment as Attender/Amin/Process servers etc., duly giving benefit of the directions of this Hon'ble Court made in WP No. 4778/1994 dated 10-2-2000, in the peculiar circumstances of the case and pass such other order or orders as this Hon'ble Court may deem fit and proper. Counsel for the Petitioner: Sri N.BHARAT BABU Counsel for the Respondents: P.V.SANJAY KUMAR (SC FOR APHC) The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO and THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.5284 of 2008 ORDER: (per Hon’ble Sri Justice V.V.S.Rao) Late Ayya Swamy, before he passed away, was a Judicial Ministerial employee. He worked as Amin in the District Unit of Chittoor. At the time of his demise in 1987, the petitioner, one Sri Vijaya Sekhar, two sons, and petitioner’s sister were minors. They could not avail the benefit of compassionate appointment under the scheme of Government, which is adopted by the High Court. In 1994, petitioner’s elder brother, Vijaya Sekhar, filed a Writ Petition, being W.P.No.4778 of 1994, seeking a mandamus to the learned District Judge to consider his case under the scheme of compassionate appointment. A Division Bench of this Court denied the relief, but observed that the petitioner’s case therein may be considered as and when recruitment notification is issued thereafter. It appears, subsequently, Vijaya Sekhar suffered cardiac arrest, and he does not enjoy good health. The petitioner, therefore, having come to know that the learned District Judge is likely to issue a notification, filed the instant Writ Petition seeking a direction to consider his case on compassionate grounds. A counter affidavit is filed. Inter alia, it is the contention of the respondents that the appointment of legal heirs of deceased Ayya Swamy on compassionate grounds was denied by the Division Bench, and therefore, the petitioner cannot claim any right. Secondly, it is stated that after the orders of this Court in W.P.No.4778 of 1994, a recruitment notification has not been issued so far. In view of the counter, the learned Counsel for the petitioner made only request to consider the case of the petitioner for the post of Attender, Process Server and equivalent post, as and when recruitment notification is issued by the learned District Judge, Chittoor. There cannot be any objection to consider the case of the petitioner along with other candidates, if he satisfies other eligible criteria. We make it clear that this order shall not be construed as conferring any right on the petitioner for being appointed on compassionate grounds, because, as observed by the Division Bench earlier in W.P.No.4778 of 1994, the scheme of compassionate appointment is intended to provide succor to the family of deceased employee immediately, but not long after the demise. Admittedly, Sri Ayya Swamy died in February 1987 and the question of considering the petitioner’s case for compassionate appointment does not arise after lapse of about more than twenty years. The Writ Petition, with the above observations, is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) ______________ (C.V.RAMULU, J) 23.04.2008 vs To 1 The Registrar, High Court of Andhra Pradesh, Hyderabad. 2 The District & Sessions Judge, Chittoor, chittoor District. 3 2CD copies Form-NIC-OGS/WP{TRT}