IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 900 of 2008 Between: Palle Thulasi, D/o. Late P. Nagi Reddy, Jangalapalli (Village & Post), Siddout Mandal, Kadapa District. ..... PETITIONER AND The District Judge, Kadapa. .....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 Mandamus directing the respondent to dispose of the petitioner's representations submitted earlier and appoint her in the suitable higher cadre in conformity with her educational qualiﬁcations and the service put up by her in the Department and to pass Counsel for the Petitioner:MR.D.RAGHAVA REDDY Counsel for the Respondent: (SC FOR APHC)D.V.SITHARAM MURTHY The Court made the following order: THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.900 of 2008 ORDER: (Per the Hon’ble Sri Justice V.V.S.Rao) The petitioner’s father - P.Nagi Reddy was Junior Assistant in the Court of the Junior Civil Judge, Siddout, Kadapa District. He died in harness. His only daughter – petitioner herein sought suitable appointment on compassionate grounds. Learned District Judge – sole respondent herein, by proceedings dated 15.09.2000 appointed the petitioner as Attender and posted her in the Court of the Junior Civil Judge, Siddout, Kadapa District. She joined the post. She made representations from August, 2000 onwards requesting the respondent to appoint her as Junior Assistant in view of her qualiﬁcation – intermediate passed, in vain. Therefore, she filed instant writ petition. A counter-aﬃdavit is ﬁled and it is not denied that her representations are not disposed of. There is also no denial that as per the relevant Government orders even while making appointment on compassionate grounds in the event of death of an employee in harness, the appointee should be given suitable post commensurate with his/her qualification. The learned counsel for the petitioner submits that even in September, 2000, there were four posts of Junior Assistants and having regard to the orders of the Government in G.O.Ms.No.612, General Administration (Services-A) Department, dated 30.10.1991, the petitioner ought to have been appointed as Junior Assistant. There cannot be any dispute that the posts in the cadre of Junior Assistant are district posts as per the Andhra Pradesh Public Employment (Organization of Local Cadres & Regulation of Direct Recruitment) Order 1975 and that all appointments (as per said Presidential order) had to be made keeping in view the communal roster under Rule 22 of the Andhra Pradesh State and Subordinate Service Rule, 1996. From time to time the Government have issued instructions to the eﬀect that when a compassionate appointment has to be made, the appointee has to be adjusted against relevant communal roster point and no further appointment by way of direct recruitment or by promotion shall be taken up when regular recruitment is notified. Therefore, the case projected in the counter-aﬃdavit that four posts were ﬁlled up by promotion of employees cannot be a ground to ignore the Government orders in G.O.Ms.No.612 dated 30.10.1991. The Government issued G.O.Ms.No.612 dated 30.10.1991 clarifying the position to the eﬀect that if an applicant seeking compassionate appointment is eligible for any other category of posts (other than last grade service post), such person can be considered in the post equivalent to Junior Assistant post. Para (iv) is relevant and reads as under. (iv) If the dependents of the deceased employees are eligible to be considered for any category of post whose pay is equal or less than that of Jr. Assistant (LDC) and if they satisfy the qualiﬁcations and physical standards prescribed for such posts, they can be considered for posts such as, Police Constables in Home Department, Excise Constables in Excise Department. Helper Grade-I and II in Forest Department, Leading Fireman/Fireman in ﬁre Service Department etc., in any case, no dependent of the deceased Government employee possessing higher qualiﬁcations prescribed for the posts of Asst. Engineers, Asst. Executive Engineer, Civil Asst. Surgeons, etc., shall be considered for appointment to posts carrying higher scale of pay such as Assistant Engineers, Asst. Executive Engineers, Civil Asst. Surgeons, etc. Since the clerical posts in Education Department/Educational Institutions are a few, the dependents of deceased employees also be considered for the lowest teaching post i.e., posts at present carrying a scale of pay of Rs.1010-1800, in the Education Department/Educational Institutions, if they satisfy the qualiﬁcations prescribed under the rules to hold such posts. In view of the above the petitioner’s grievance is justified. As her representation was not disposed of, we deem it appropriate to direct the learned District Judge to consider the representation(s) of the petitioner keeping in view the orders of the Government in G.O.Ms.No.612 dated 30.10.1991 and pass appropriate orders immediately, preferably within a period of six weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. ____________ V.V.S.RAO, J 30th July, 2008 __________________ G. CHANDRAIAH, J Note: Issue CC by 01.08.2008 (B/o) GHN To 1 The District Judge, Kadapa. 2 2CD copies Form-NIC-OGS/WP{RLD}