IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 11703 of 2000 Between: Smt.K.Seethamma W/o.Muthaiah Z.P.S.S. Kalakota Bonakal Mandal Khammam Dist. ..... PETITIONER AND 1 The Chief Executive Officer Zilla Parishad Khammam. 2 The A.P.Admn Tribunal Rep.by its Registrar Hyderabad. .....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 To issue an appropriate Writ,order or direction more particularly one in the nature of Writ of Mandamus, setting a side the orders of the Hon'ble A.P.Admn Tribunal in O.A.No.4834/1999 dt.2-3- 2000 and the Impugned procs.in Rc.No.A2/2201/99 dt.23-7-1999 on the file of the 1st respondent and to consequently direct the Res.No.1 to consider the case of adopted son of the petitioner herein viz., K.Srinivasa Rao for appointment in any one of the suitable post, and to pass such other order or orders. Counsel for the Petitioner:MR.K.RAM REDDY Counsel for the Respondent : MR.P.RAGHAVENDRA REDDY FOR R The Court made the following : Form-NIC-OGS/WP{CHP} HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE P.SWAROOP REDDY W.P.No.11703 of 2000 ORDER: (Per Hon’ble Sri Justice V.Eswaraiah) The petitioner filed an application in O.A.No.4834 of 1999 on the file of the A.P. Administrative Tribunal, Hyderabad, questioning the rejection order of the 1st respondent, Zilla Parishad, in Rc.No.A2/2201/99, dated 23-07-1999, rejecting to appoint her adopted son on compassionate grounds. The said O.A. was dismissed by order dated 02- 03-2000. Against which, this writ petition is filed. 2. The case of the petitioner is that she was appointed as Attender in the 1st respondent-Zilla Parishad, and she took voluntary retirement under medical invalidation ground on 12-08-1998 and thereafter, she made an application on 10-04-1999 i.e. eight months after her retirement, for the appointment of her alleged adopted son, K.Srinivasa Rao, said to have been adopted on 20-10-1980, on compassionate grounds. But the said application was rejected by the memo dated 23-07-1999, which was questioned before the Tribunal. 3. It is stated that the dismissal of O.A. by the Tribunal is illegal and erroneous as the civil suit in O.S.No.28 of 1998, filed by her adopted son, K.Srinivasa Rao, against her, on the file of the Principal Junior Civil Judge, Khammam, was ended in compromise by order dated 20-02- 1998. As per the said decree of Civil Court, the claim of the adopted son was declared that he is adopted son of the petitioner. Admittedly, the suit was compromised and the 1st respondent-Zilla Parishad is not a party to the said suit. The petitioner never informed about the so-called adoption particulars to the 1st respondent, Zilla Parishad, and the so-called adopted son was also not entered into the service record. It is further stated that in fact, the petitioner had another son, born through her husband, and after the death of her husband, she has adopted the so- called adopted son. 4. The learned standing counsel, appearing for the 1st respondent, Zilla Parishad, submits that a woman who had already a son and three daughters is not entitled to adopt another son and therefore, the so-called compromise decree passed between the parties is not binding on the department and the said decree was brought into existence only for the purpose of claiming the compassionate appointment. 5. Under the facts and circumstances of the case and especially in view of the submissions made by the learned standing counsel appearing for the 1st respondent, we do not see any legal infirmities in the impugned order of the Tribunal passed in O.A.No.4834 of 1999, dated 02- 03-2000. 6. The writ petition is accordingly dismissed. No costs. _____________________ JUSTICE V.ESWARAIAH ___________________________ 23rd July 2009 JUSTICE P.SWAROOP REDDY Kvr