THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL No.444 of 2011 Dated:24.11.2011 Between: Tirumala Tirupathi Devasthanams, represented by its Executive Officer, Tirupathi, Chittoor District and another .. Appellant And Smt.N.R.Mythili .. Respondent THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL No.444 of 2011 JUDGMENT: (Per Hon’ble Sri Justice Ghulam Mohammed) The appellants herein are the respondents in W.P.No.716 of 2003. The respondent’s father, Sri V.Narasimha Chary, while working as Paricharika in the appellants Devasthanam, died on 17.02.1998 due to heart disease. As the respondent is the only daughter to her father, who is blessed with two children, out of them one is a mentally handicapped child and her husband is also unemployed; she made an application to the appellants Devasthanam on 16.03.1998 seeking appointment on compassionate grounds. However, her application was rejected by the appellants through an order dated 09.05.2002 on the ground that she was over aged by the time of her father’s death and that she is not entitled for compassionate appointment. Aggrieved by the same, the respondent filed W.P.No.716 of 2003, which was disposed of by the learned single Judge on 15.02.2011 directing the appellants to consider her case in any suitable post in the service of the appellants – Devasthanam by giving age relaxation and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of that order. Hence, the appellants filed the present writ appeal. 2. Heard both sides. 3. Since the persons who are aged more than 58 years were absorbed into service by the appellants – Devasthanam on compassionate grounds and as the respondent herein was only 37 years old as on the date of her father’s death, the learned single Judge has rightly disposed of the writ petition directing the appellants to consider the case of the respondent in any suitable post in the service of the appellants – Devasthanam by giving age relaxation. Hence, we do not find any reason to interfere with the order passed by the learned single Judge. 4. The writ appeal is accordingly dismissed. There shall be no order as to costs. ___________________________ GHULAM MOHAMMED, J _________________________________ NOOTY RAMAMOHANA RAO, J 24.11.2011 KH learned single Judge has rightly dismissed the writ petition ,It is evident from the record that the appellant admitted his guilt and deposited a sum of Rs.8,000/- out of the misappropriated amount of Rs.13,168/- from the Teachers’ Provident Fund. This itself shows that the appellant misappropriate the Teachers’ Provident Fund In this appeal, the counsel for the appellant and the counsel for the respondent reiterated their respective submissions. In this appeal, the counsel for the appellant/respondent submitted that the respondent/petitioner involved in misappropriation of the funds of the corporation and improper maintenance of relevant registers etc. and his reinstatement into service would defeated the purpose of placing him under suspension. There shall be no order as to costs. ___________________________ GHULAM MOHAMMED, J _________________________________ NOOTY RAMAMOHANA RAO, J 24.11.2011 KH