IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6088 of 2009 Between: G.Vijay Kumar S/o.Late Ramulu R/o.5-72-2, Pandaripuram 1st cross Road Guntur-2 ..... PETITIONER AND 1 State of Andhra Pradesh, rep.by its Secretary to Government, Health Medical and Family Welfare Department, Secretariat, Hyderabad 2 The Collector and District Magistrate, Guntur 3 The Superintendent , Government General Hospital Guntur 4 The Commissioner, AP Vaidya Vidhana Parishad Hyderabad .....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 a writ order or direction more in the nature of writ of Certiorari calling for the records relating to order of the Hon`ble AP Administrative Tribunal dated 19.9.2006 in OA.No.1906 of 2003 and quash the same by holding it as illegal bad and arbitrary, and further direct the respondents to consider the case of the petitioner for appointment on compassionate grounds to any suitable post with all consequential benefits. Counsel for the Petitioner:MR.J.R.MANOHAR RAO Counsel for Respondent Nos.1 to 3: GP FOR SERVICES-I Counsel for Respondent No.4: Mr. S.A.WAHEED SHABAZ, SC The Court made the following : ORDER: (Per GM, J) At the request of both the learned counsel, this writ petition is taken up for disposal at the admission stage. 2. This writ petition is filed seeking a writ of certiorari to quash the order dated 19.09.2006 passed in O.A.No.1906 of 2003 by the Andhra Pradesh Administrative Tribunal, Hyderabad and to direct the respondents to consider the case of the petitioner for appointment on compassionate grounds. 3. The petitioner states that pursuant to the retirement of his mother, Smt D. Chinnamma, who worked as F.N.O. in Government General Hospital, Guntur, on medical Invalidation vide proceedings dated 02.02.2000, he submitted a representation to the third respondent-Superintendent seeking appointment on compassionate grounds, but the same was rejected vide proceedings dated 08.12.2000 on the ground that he is having two storied building worth Rs.10 lakhs and earning Rs.4000/-per month towards rent besides the pension of his mother. Aggrieved by the same, he filed an appeal before the fourth respondent- Commissioner. While so, the Government issued G.O.Ms.No.44, dated 17.02.2003 ordering that the cases of dependents of the Government employees, who retired on medical invalidation and whose cases could not be considered by 27.04.2002 be considered for appointment on contract basis to the post of Executive Officer, Special Category-V (Panchayat Secretary) under Rule 9 of Andhra Pradesh State and Subordinate Service Rules, 1996. On the basis of the said G.O., the petitioner filed O.A.No.1906 of 2003 before the Tribunal seeking a direction to the respondents to consider his case for appointment on compassionate grounds. During the pendency of the said O.A., the third respondent issued proceedings dated 25.04.2005 appointing the petitioner as Male Thoty on contract basis for a period of one year. Thereafter, the Tribunal dismissed the said O.A. following the order dated 03.08.2006 passed in O.A.No.5438 of 2002, wherein it was observed that the scheme of compassionate appointment on medical invalidation was declared as unconstitutional by this Court in W.P.No.13489 of 2001 dated 12.10.2001. The petitioner states that the appeal preferred before the Supreme Court was allowed setting aside the order dated 12.10.2001 and therefore, he is entitled for appointment on compassionate grounds on regular basis. Now, the grievance of the petitioner is that the third respondent, without extending the period of contract, issued proceedings dated 25.04.2008 terminating his services. Hence, he filed the present writ petition. 4. When the matter came up for hearing, the learned counsel for the petitioner placed before this Court a copy of G.O.Ms.No.661 dated 23.10.2003 wherein the scheme of compassionate appointments to the dependents of Government employees, who retire on medical invalidation, as per the judgment of the Apex Court in Civil Appeal No.4210 of 2003 dated 12.08.2008, was revived and therefore, the case of the petitioner may be considered as per the said G.O. The learned Government Pleader for Services-I also conceded to the same. 5. In view of the above, we deem it appropriate to direct the respondents to consider the case of the petitioner for compassionate appointment in view of G.O.Ms.No.661, dated 23.10.2008 and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. _____________________ GHULAM MOHAMMED, J ________________________ B.SESHASAYANA REDDY, J Date:31.03.2009 sj