IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 2032 of 2006 Between: 1 Arava Lakshmamma W/o. A. Venkataswamy R/o.7-19-21-A Achari Street, Kavali Nellore District. 2 Arava Tulasiram S/o. A. Venkaswamy R/o.7-19-21-A Achari Street, Kavali Nellore District. ..... PETITIONER(S) AND 1 The Chief Executive Officer Zilla Parishad Nellore Nellore Dist. 2 The District Collector Nellore Nellore Dist. 3 Arava Padma W/o. Late Mohan Srinivasulu R/o.4-4-1, Geetamukkalavari Street Old Town, Kavali Nellore Dist. .....RESPONDENT(S) 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 direction more particularly one in the nature of writ of 'Certiorari' calling for the records relating to the order dt.29-03- 2005 passed in OA.No.2406/2004 by the A.P Administrative Tribunal and Quash the same as unjust without any basis and contrary to settled propositions of law and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.D.RAMAKRISHNA Counsel for the Respondent No.: MR.K.UPENDER REDDY The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.2032 of 2006 O R D E R: (per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking a writ of certiorari calling for the records relating to the order dated 29.3.2005 passed in O.A.No.2406 of 2004 on the file of A.P.Administrative Tribunal, Hyderabad and to quash the same. One A.Mohan Srinivasulu, who is the first petitioner’s son, while working as Record Assistant in the Office of the Zilla Parishad High School, Dakkili of Nellore District, who died on 22.4.2000. He was married the 3rd respondent in the year 1992. There were differences between him and the 3rd respondent immediately after six months of marriage and the 3rd respondent left his society and she instituted a Criminal Case CC No.4 of 1996 on the file of Judicial Magistrate of I Class, Venkatagiri for the offence under Section 498-A IPC. He fell ill due to Tuberculosis and died of the said disease. He executed a will on 12.4.2000 at Kavali bequeathing his monetary benefits through his employment to the 1st petitioner and benefit of compassionate appointment to the 2nd petitioner. The petitioners filed a suit O.S.No.256 of 2001 on the file of Principal Junior Civil Judge, Kavali for declaration that they are entitled to the monetary benefits derived from the employment of deceased A.M.Srinivasulu and the 2nd petitioner is the legal heir of the deceased as per the will dated 12.4.2000. The suit is pending. The 3rd respondent filed O.A.No.2406 of 2004 without impleading the petitioners as party respondents and obtained order to consider her case for compassionate appointment. It is the case of the petitioner that the order in the said O.A. is liable to be set aside on the sole ground of non-joinder of necessary parties. Aggrieved by the same, the present writ petition is filed. The 3rd respondent herein filed O.A.No.2406 of 2004 seeking a direction to respondents to consider her case for appointment as Record Assistant on compassionate grounds. It is seen from the record that the third respondent’s husband while working as Record Assistant in the Office of Zilla Parishad High School, Dakkili of Nellore District died on 22.4.2000 and that third respondent made number of representations to consider her case for appointment as Record Assistant on compassionate grounds. Though mother of the deceased being the 1st writ petitioner herein made request for appointment of her second son, the respondent authorities stated that appointment is to be provided to a member of bereaved family with the consent of other family members and that second son of Arava Lakshamamma cannot be said to be a member of bereaved family for the purpose of consideration of compassionate appointment. Since the R-3 herein is the legally wedded wife of the deceased, the Tribunal rightly granted a direction to consider her compassionate appointment in terms of rules and instructions issued by the Government in this regard. We do not find any infirmity in the order passed by the Tribunal. Writ petition is misconceived and is liable to be dismissed. Accordingly, the Writ Petition is dismissed. No order as to costs. ___________________ GHULAM MOHAMMED,J _____________ C.V.RAMULU,J 9th June, 2008. PNV/KK To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{CHP} THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.2032 of 2006 09th June, 2008