THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY WRIT PETITION NO.33619 OF 2010 28th October, 2011 BETWEEN: THE CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, WARANGAL, WARANGAL DISTRICT .. PETITIONER AND E.KAVITHA AND OTHERS .. RESPONDENTS THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY WRIT PETITION NO.33619 OF 2010 O R D E R : (PER THE HON’BLE JUSTICE GODA RAGHURAM) This writ petition is directed against the order of the learned Andhra Pradesh Administrative Tribunal, Hyderabad dated 25.10.2010 allowing O.A.No.6482 of 2008 preferred by the 1st respondent herein challenging the memo dated 27.06.2008 issued by the 3rd respondent rejecting the claim of the applicant for appointment on compassionate grounds. The 1st respondent’s husband while working as Telugu Pandit Grade – II, Manasapalli, Upper Primary School, Eturunagaram, Warangal District died on 8.10.2005. On 31.8.2006 i.e. within a period of one year from the date of the demise the 1st respondent applied to the Mandal Educational Officer, Zilla Parishad, Eturunagaram which was forwarded to the writ petitioner (the competent authority) on 20.07.2007. By this date one year and ten months had elapsed from the date of the death. On the ground that the 1st respondent/applicant had submitted the representation to the 4th respondent who was not the competent authority and that by the time the application of the 1st respondent reached the writ petitioner (the competent authority) a period of more than one year had passed by the representation seeking compassionate appointment was rejected by the memo dated 27.6.2008. The learned Tribunal found this conduct of the writ petitioner to be hyper technical and inconsistent with the ameliorative purposes for which the scheme of compassionate appointment is conceived and executed by the State; and allowed the application and directed the writ petitioner to process the case of the applicant for appointment in a suitable post, according to her qualifications, on compassionate grounds in terms of G.O.Ms.No.687 GAD, dated 3.10.1977, within a period of three months. We find no serious infirmity in the exercise of discretion by the learned Tribunal warranting interference under Article 226 of the Constitution. The 1st respondent/applicant is a Scheduled Caste widow and on account of her inadequate empowerment was unable to make an application to the competent authority. The application was made in time but to the Mandal Educational Officer which was admittedly forwarded to the competent authority but belatedly. In these circumstances, discretion ought to have been exercised in favour of considering the application of the 1st respondent without undue technicalities. The writ petition is dismissed but in the circumstances without costs. _________________ GODA RAGHURAM, J 28th October, 2011. ________________________ G.KRISHNA MOHAN REDDY, J TNB THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY WRIT PETITION NO.33619 OF 2010 O R D E R : (PER THE HON’BLE SRI JUSTICE GODA RAGHURAM) 28TH September, 2011. tnb