IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 13748 of 2006 Between: P.Santosh Kumar S/o.Komaraiah O/o.The Regional Deputy Director, State Audit, Warangal, Warangal District ..... PETITIONER AND 1 The District Audit Officer, State Audit,. Warangal District 2 The District Collector, Warangal District, Warangal .....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 a writ of Certiorari call for the records pertain to OA.No.3300/2004 dated 14.12.2005 passed by the A.P.Administrative Tribunal, Hyderabad and proceedings No.279/A2/2004 dated 7.6.2004 of the District Audit Officer, State Audit, Warangal and set aside the same being illegal, arbitrary, null and void and opposed to principles of natural justice and for a consequential direction directing the respondents to reinstate the petitioner forthwith with continuity of service and all other consequential service benefits. Counsel for the Petitioner: MR.A.SREEDHAR Counsel for the Respondent No.: GP FOR FINANCE & PLANNING The Court made the following : ORDER: (per the Hon’ble Mr.Justice G.Bhavani Prasad) The applicant in O.A.No.3300 of 2004 on the file of the A.P. Administrative Tribunal, Hyderabad, filed the writ petition questioning the dismissal of his original application by the Tribunal. The petitioner contends that he was appointed as an attender by the District Audit Officer, State Audit, Warangal, as per the recommendations of the District Level Committee on compassionate grounds consequent on the retirement of his father on medical invalidation. But subsequently, his appointment order was cancelled, which he questioned in the original application. The Tribunal relied upon the decision of this Court declaring the scheme of compassionate appointment of dependants of Government employees, who retired on medical invalidation, as unconstitutional and consequently dismissed the original application. Now the Honourable Supreme Court in Civil Appeal No.4210 of 2003 held that the Government Orders issued from time to time formulating the compassionate appointment scheme for the dependants of government employees retiring on medical invalidation are constitutional and the judgment of this Court was set aside by the judgment of the Apex Court dated 12-08-2008. The State Government have issued the consequential Government Orders in G.O.Ms.No.661 dated 23-10-2008 resurrecting the scheme of compassionate appointment to the dependants of retirees on medical invalidation. In view of the judgment of the Apex Court and the consequential G.O.Ms.No.661, the writ petitioner will be entitled to approach the Government for necessary relief which the Government shall consider in accordance with law. Therefore, the respondents shall consider any representation made by the writ petitioner concerning his right to have his compassionate appointment as claimed in accordance with the law declared by the Honourable Supreme Court and G.O.Ms.No.661 dated 23-10-2008. The petitioner shall make a representation to the respondents within two weeks from today and the respondents shall dispose of the said representation within a period of four weeks from the date of receipt of the representation. The writ petition is disposed of accordingly without costs. ____________________ GHULAM MOHAMMED, J ____________________ G.BHAVANI PRASAD, J 12th November, 2008 NOTE: Furnish C.C. by one week. B/o. SKM