IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 15626 of 1999 Between: Smt.P. Anuradha W/o. Late Venkateswarlu, R/o. H.No.1-7-319, Pragatinagar, Subedari (Revenue Colony), Hanamkonda, Warangal. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep.by its Dist. Collector, Warangal District. 2 The Pothana Junior College, Rep.by its Principal, Warangal District. 3 The Commissioner for Higher Education, Hyderabad. R3 is impleaded as per Hon'ble Court order dt.25-1-2000 4 The Regional Joint Director for Higher Education, Warangal-I. R3 & R4 impleaded as per Hon'ble Court order dt.25-1-2000. .....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 Writ order or orders direction particularly one in the nature of Writ of Mandamus declaring entire action of the respondents in proceedings No.L.DIS.E2/13842 dt.16.12.98, Proceedings O.W.No.505/PJC/98, dt.17.8.98 issued by the respondents respectively in rejecting to consider my case for any suitable post on compassionate grounds as arbitrary, illegal, unjust, contrary to law defeating the very purpose of aim and objects of compassionate appointment scheme and also in violation of Art.14 & 21 of the Constitution of India and consequently direct the respondents to consider my case for appointment in any suitable post under the scheme of compassionate appointment forthwith. Counsel for the Petitioner : MR.A.K.JAYAPRAKASH RAO Counsel for the Respondents : GP FOR HIGHER EDUCATION The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 15626 of 1999 ORDER : The petitioner in this writ petition, has challenged the proceedings dated 16th December 1998 issued by the District Collector, Warangal in proceedings No.L.DIS.E2/13842, and the proceedings dated 17.08.1998, issued by the Principal of the 2nd respondent College in Proceedings O.W.No.505/PJC/98, by which, the claim of the petitioner for appointment on compassionate ground, is rejected. 2. The case of the petitioner is that her husband was working as Lecturer on part-time basis in the 2nd respondent-college at Warangal. He was appointed in the year 1982. Unfortunately, having suffered Cardiac disease, he died while in service, on 04.04.1989, leaving behind his wife i.e. the petitioner and a daughter. 3. In view of the sudden demise of her husband, the petitioner made representations seeking appointment on compassionate grounds, but however, such claim was not considered on the ground that there is no such scheme available for appointment on compassionate grounds for the staff who were working in private colleges. The same was communicated to the petitioner vide Office Memo, dated 25.09.1998, by the office of the District Collector, Warangal. Even when further representations were made by the petitioner, reiterating the earlier stand in the Memo dated 25.09.1998, the impugned proceedings dated 16th December 1998 were issued stating that the orders passed in the Memo dated 25.09.1998 holds good. It is the case of the petitioner that as her husband was working in the 2nd respondent-college as a Lecturer and he died while in service, she is entitled for appointment on compassionate grounds. 4. Counter affidavit is filed by the Principal of 2nd respondent-College. In the counter affidavit, while denying the various allegations made by the petitioner, it is stated that at the time when the husband of the petitioner had died i.e. on 04.04.1989, the 2nd respondent-college was a private college, but however, the institution was admitted to Grant-in-Aid by the Director of Intermediate Education by proceedings dated 01.03.1995, issued in Proceedings Rc.No.2738/JC9-3/94. It is further stated that there is no scheme available, for providing alternate appointment on compassionate grounds, in case of death of a part-time employee of a private institution. 5. Law is well settled on the question of considering the claim of appointments on compassionate ground. One can claim appointment on compassionate grounds, subject to availability of scheme for making such appointment. When it is clearly stated in the counter affidavit that there is no provision as such, for making appointment on compassionate grounds for the employees, who were working on part-time basis in the private institutions, no direction can be given in favour of the petitioner for appointment on compassionate grounds. 6. On this short ground, the writ petition is liable to be dismissed and it is accordingly dismissed. ______________________ R. SUBHASH REDDY, J 12th August 2008 ajr To 1 The District Collector, Warangal District. 2 The Principal, Pothana Junior College, Warangal. 3 The Commissioner for Higher Education, Hyderabad. 4 The Regional Joint Director for Higher Education, Warangal-I.