IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 12413 of 2009 Between: 1 Smt.K.Lakshmi Devi W/o. Late K.Subba Rayudu K.Aruna, Senior Assistant Near Govt Project Hospital Srisailam Dam East(PO) Kurnool District 2 K.Divakar Babu S/o.Late K.Subba Rayudu K.Aruna, Senior Assistant Near Govt Project Hospital Srisailam Dam East(PO) Kurnool District 3 K.Pedda Subbaiah S/o.Late K.Subba Rayudu K.Aruna, Senior Assistant Near Govt Project Hospital Srisailam Dam East(PO) Kurnool District 4 K.Chinna Subbaiah S/o.Late K.Subba Rayudu K.Aruna, Senior Assistant Near Govt Project Hospital Srisailam Dam East(PO) Kurnool District ..... PETITIONERS AND 1 The District Medical & Health Officer Kurnool,Kurnool District- 518001 2 The Deputy Civil Surgeon Government Hospital Koilkunta Kurnool Districtc-518001 .....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 direction more particularly one in the nature of writ of Certiorari after calling for records and quash the order in O.A No.5088/2005 dt 16-10-2008 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal as the same is illegal arbitrary and unjust and consequently direct the respondents to consider the case of the 1st petitioner or any of the one of the other petitioner for compassionate appointment to any suitable post of on compassionate grounds. Counsel for the Petitioners: MR.G.RAVI MOHAN Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following ORDER: HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE P. SWAROOP REDDY Writ Petition No.12413 of 2009 ORDER: (Per Sri V. Eswaraiah, J) This writ petition is filed seeking a Writ of Certiorari to quash the order, dated 16.10.2008, passed by the A.P. Administrative Tribunal, Hyderabad in O.A.No.5088 of 2005. The petitioners-applicants are the legal heirs of one K. Subbarayudu, who died on 10.08.2001. The said Subbarayudu was appointed as Thoti in the respondent- Organisation on 10.04.1984 and posted at Project Hospital, Srisailam vide proceedings, dated 04.04.1984 of the District Medical and Health Officer, Kurnool. He worked there upto 08.02.1991, and absented himself for duties w.e.f. 09.02.1991 to 18.01.1992. Subsequently, he was transferred to Government Hospital, Koilakuntla, Kurnool and worked there upto 01.06.1992. Again, he was unauthorisedly absent for duties from 02.06.1992 till his death on 10.08.2001 i.e., nine years two months and nine days, without submitting any leave application. Three years after his death, the petitioners, who are his wife and sons, made an application to the first respondent on 10.08.2004 seeking compassionate appointment. The said application was rejected by the District Medical & Health Officer, Kurnool, the first respondent herein, vide his order, dated 07.12.2004. Aggrieved by the said order of the first respondent, dated 07.12.2004, the petitioners filed O.A.No.5088 of 2005 on the file of the A.P. Administrative Tribunal, Hyderabad. The Tribunal, after hearing the learned counsel on either side and perusing the material on record, observed that though the conduct of the deceased entails disciplinary proceedings and consequential imposition of punishment under Rule 18 of the Fundamental Rules, no such punishment has been imposed against the deceased. However, it held that as per the orders of the Government in G.O.Ms.No.687, GAD, dated 03.10.1977, an application for appointment on compassionate grounds from such persons shall be entertained within a period of one year from the date of occurrence of death of the Government servant, but in the instant case, such an application was made after lapse of more than three years and therefore, the first respondent rejected the application made by the petitioners. Accordingly, the Tribunal dismissed the O.A. Heard the learned counsel on either side and perused the material on record. As per G.O.Ms.No.687, dated 03.10.1977, an application seeking compassionate appointment shall be made within one year from the date of occurrence of death of Government servant, whereas the petitioners made application after lapse of more than three years. The Tribunal therefore has rightly rejected the case of the petitioners and we do not see any infirmity in the impugned order passed by the Tribunal warranting interference by this Court. Compassionate appointment is to harness the tragedy in the family when the bread earner died immediately but not long after. Accordingly, the writ petition is dismissed. No order as to costs. _________________ V. ESWARAIAH, J ______________________ P. SWAROOP REDDY, J Dt.25.06.2009 VGB