IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH 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 : 24940 of 2008 Between: G. Muralidhar S/o. Late G. Sudershan R/o. Mandalagudem (V), Kaghunath Pally (M), Warangal District. ..... PETITIONER AND 1 The Union of India, rep. by its Secretary, Postal Department, Ministry of Services, Aranya Bhavan, New Delhi. 2 The Director General Postal, New Delhi. 3 The Chief Post Master General, A.P. Circle, Hyderabad. 4 The Regional Director, Postal Service, (Southern Region), Warangal. 5 The Superintendent of Post Officers, Hanamkonda Division, Hanamkonda, Warangal District. .....RESPONDENTS 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) a writ, order or direction especially one in the nature of writ of Certiorari call for records relating to O.A.No.1272/2004 dated 02.02.2007 of the Central Administrative Tribunal and proceedings vide proceedingsNo.PMGM/RE/CA/GDS/APP/04 dt. 08.10.2004 and quash the same. (b) further declare that petitioner is entitled to be appointed on compassionate grounds. Counsel for the Petitioner: Mr.M.SURENDER RAO Counsel for the Respondents: Mr.S.S.VARMA The Court made the following : ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed): This Petition is filed seeking a writ of certiorari calling for the records relating to O.A.No.1272 of 2004, dated 02-02-2007, of the Central Administrative Tribunal and proceedings No.PMGM/RE/CA/GDS/APP/ 04, dated 08-10-2004, and quash the same; and also to declare that the petitioner is entitled to be appointed on compassionate grounds. 2. Petitioner is the son of one G.Sudarshan, who expired on 23- 05-2004 while working as B.P.M., Mandulagudem, Jangaon Headquarters due to liver cancer. The brothers of the petitioner separated from the joint family and have been residing in Hyderabad with their families. The father of the petitioner borrowed loans from various sources amounting to Rs.2,25,000/- to perform the marriage of his daughter and repaid an amount of Rs.70,000/- and the outstanding loans amount to Rs.1,50,000/-. It is the case of the petitioner that after the demise of his father, the entire responsibility shifted to him and he has to look after his old aged mother. As the family condition of the petitioner has become indigent due to the sudden demise of the father of the petitioner, he made a representation, dated 13-10-2004, to the 2nd respondent to consider his case for appointment on compassionate grounds. The 2nd respondent and the 5th respondent rejected the claim of the petitioner, vide a non-speaking order. Again the petitioner made a representation, dated 21-10-2004, to the 2nd respondent and the mother of the petitioner submitted a representation, dated 21-10- 2004, to the 3rd respondent to consider the case of the petitioner, but no action has been taken. Therefore, the petitioner filed O.A.No.1246 of 2004 before the Tribunal and ultimately the same was withdrawn on 30-11-2004 with a liberty to file a fresh O.A. 3. The 4th respondent vide letter No.PMGH/RE/CA/GDS/APP/04, dated 08-10-2004, rejected the claim of the petitioner on the ground that the other brothers of the petitioner are working in Government services and hence, the family of the petitioner is not in indigent circumstances. 4. The official respondents filed counter before the Tribunal contending that the whole object of compassionate appointment is to enable the family to tide over the sudden crisis due to the demise and to relieve the family of the deceased employee from financial distress and to help the family to get over the indigent situation. The Tribunal after considering the rival contentions, held that the petitioner is having landed property and his mother has received the terminal benefits of her husband and accordingly dismissed the O.A. 5. Heard the learned counsel on either side and perused the record. 6. Admittedly, the deceased is survived by three sons who are employed in Government services and another son is working as a private teacher and the petitioner has got landed property and the widow of the deceased has received the terminal benefits. It is not the case that the death of the employee has put the family in indigent circumstances. The sons of the deceased employee are well settled and only the petitioner is claiming appointment on compassionate grounds. Apart from this, the mother of the petitioner has received the terminal benefits relating to the services of the deceased. The object of the compassionate appointment is to enable the family of the deceased employee to tide over the sudden crisis resulting due to the death of the bread winner who has left the family in penury and without any means of livelihood, which is not so in the instant case. 7. Having regard to the facts and circumstances of the case, the impugned order does not suffer from any error of law calling for the interference in exercise of certiorari jurisdiction. However, the petitioner is not precluded from making representation to the competent authority, and in the event of filing representation the competent authority is directed to consider the case of the petitioner in accordance with law, within a period of four weeks from the date of receipt of representation. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. _________________________ GHULAM MOHAMMED,J _______________________ G.BHAVANI PRASAD,J 14th November, 2008 Tsy To 1 The Secretary, Union of India, Postal Department, Ministry of Services, Aranya Bhavan, New Delhi. 2 The Director General Postal, New Delhi. 3 The Chief Post Master General, A.P. Circle, Hyderabad. 4 The Regional Director, Postal Service, (Southern Region), Warangal. 5 The Superintendent of Post Officers, Hanamkonda Division, Hanamkonda, Warangal District. 6 Two CCs 7 Two CD copies