IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 33143 OF 2011 Between: H. Athaulla … Petitioner V/s. The Government of Andhra Pradesh Represented by its Principal Secretary, PR & RD (RD-1) Department, Hyderabad & Ors. … Respondents Counsel for the Petitioner : Sri M. Surender Rao Counsel for the Respondents : GP for PR & RD GP for Social Welfare The Court made the following : (Order follows next page) THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 33143 OF 2011 O R D E R : Heard the learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and Rural Development and learned Government Pleader for Social Welfare. 2. This writ petition is filed by the petitioner for issuance of writ of mandamus, declaring the action of the respondents in rejecting the case of the petitioner by letter Dis.10019/2011 (A3), dated 27-8-2011 for appointment on compassionate grounds as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India, consequently to direct the respondents to provide appointment to the petitioner in any one of the vacancies (suitable to his qualifications and eligibility) in Ananthapur district and to pass such other suitable orders as this Court may deem fit and proper in the circumstances of the case. 3. The case of the petitioner is that he is qualified tenth class but failed in Intermediate. His father was working as Driver in District Rural Development Agency, Ananthapur. His father died on 29-07-2009 while in service leaving behind the petitioner and his three brothers and mother as legal heirs. It is stated that there is no Government employee in the family except the father of the petitioner. Due to sudden death of the father of the petitioner, the entire family is put to financial crisis and mental agony. Therefore, the petitioner made representation to the third respondent with a request to consider his case on compassionate grounds. But the second respondent instead of considering the case of the petitioner for appointment on compassionate grounds rejected the proposals submitted by the second respondent through letter Dis.No.10019/2011 (A3) dated 27-8-2011. Therefore, the present writ petition is filed. 4. The learned counsel for the petitioner would submit that the Memo dated 25-5-2011 contemplates the provisions for providing employment to the dependants of the deceased employees. The second respondent having referred to the said memo in the impugned order rejected the case of the petitioner. Therefore, the impugned order is illegal. 5. On the other hand, the learned Government Pleader submits that it is true that the memo dated 25-5-2011 is referred but the same has not been considered. In such a case, the second respondent may be directed to consider the case of the petitioner afresh. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for Social Welfare, it is apt to reproduce the memo dated 25-5-2011, which reads as hereunder: The proposals of CEO SERP Hyderabad has been examined in detail, keeping in view of the Government of India guidelines prohibiting making any new appointments in DRDA. Taking into account the guidelines, compassionate appointment in DRDA;s is not feasible of acceptance. However, the concerned District Collectors are directed to consider eligible cases of dependents of deceased DRDA employees in the State of appointment in the vacancies arising in the district, duly placing them in the district pool by following the procedure in vogue. The Collectors concerned shall take further necessary action accordingly. 8. Therefore, from the above, it is clear that the dependents of the deceased employees are entitled for compassionate appointment. Though the above Government Memo has been referred to in the impugned order, it has not been considered, while rejecting the claim of the petitioner. 9. In that view of the matter, the impugned letter dated 27-8-2011 is set aside and having regard to the facts and circumstances, the respondents shall the case of the petitioner for appointment on compassionate grounds in terms of Government Memo dated 25-05-2011 and pass appropriate orders in accordance with law, preferably within a period of six weeks from the date of receipt of a copy of this order. 10. With the above direction, the writ petition is disposed of at the stage of admission. No costs. _______________________ JUSTICE G. CHANDRAIAH. 16-12-2011 I s L N B: CC tomorrow THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 33143 OF 2011 Circulation No. 224 Date:16-12-2011 Court Master: I s L Computer No. 43