IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 14272 of 2009 Between: Manugonda Rajesh S/o Late M.J.Sundaram Senior Civil Judge's Court Ramachandrapuram East Godavari District ..... PETITIONER AND The District Judge East Godavari District,Rajahmundry .....RESPONDENT 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 of Mandamus or any other appropriate Writ,Order or Direction declaring the action of the respondent herein in appointing the petitioner as an Attender at Senior Civil Judge's Court,Ramachandrapuram,East Godavari District, without examining his requisite educational qualifications is highly arbitrary excessive ultra vires and against to the principles of natural justice and consequently direct the respodent to appoint the petitioner on compassionate grounds as L.D.C or equlant post by considering the requisite qualifications passed by the him in any of the vacancies and if necessary by creating a Supernumerary post in the interest of justice Counsel for the Petitioner:MR.CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondent: G.VIDYASAGAR (SC FOR APHC) The Court made the following : O R D E R (Per the Hon’ble Sri Justice Ghulam Mohammed) : This writ petition is filed by the petitioner for a Mandamus to declare the action of the respondent in appointing him as an Attender at Senior Civil Judge’s Court, Rajahmundry without examining his educational qualifications as arbitrary, excessive, ultra vires and against the principles of natural justice, and consequently to direct the respondent to appoint him on compassionate grounds as Lower Divisional Clerk or in an equivalent post as per his qualifications. Petitioner’s father, while working in Senior Civil Judge’s Court at Amalapuram, as an Amin (Class-IV category), died on 09.03.1999. It is stated that by the time of his father’s death, the petitioner has completed his intermediate, and accordingly, after the death of his father, he has made an application on 28.04.1999, seeking for appointment on compassionate ground, by relying upon G.O.Ms.Nos.1005 and 504, dated 27.12.1974 and 30.06.1980 respectively. Thereafter, by proceedings dated 05.05.2000, the petitioner was appointed as an Attender in Senior Civil Judge’s Court, Ramachandrapuram in East Godavari District, on compassionate ground, and from the date of his appointment, the petitioner is working as an Attender in the said Court. It is the case of the petitioner that as he was possessing the qualification of intermediate at the time of his making the application for compassionate appointment, he ought to have been appointed as a Junior Assistant instead of an Attender, as per A.P. Judicial Ministerial Service Rules. The reason behind making appointment on compassionate ground is to save the bereaved family from serious financial crunch due to the death of an employee. In this case, the father of the petitioner was working as an Amin, which comes under Class IV category, and accordingly, the petitioner was also provided employment in Class IV category i.e. Attender. It is to be noted that while making appointments on compassionate ground, the same are made as per the vacancies available at the time of making such appointments, and the qualifications possessed by the petitioner, are immaterial. We have dismissed W.P.No.22025 of 2005 on 16.07.2009, which was filed under similar circumstances. Moreover, the petitioner in the instant case was appointed in the year 2000 and after a lapse of nine years, he is not entitled to seek review of his appointment. For the reasons mentioned above, we do not find any merit in this writ petition, which is accordingly dismissed. There shall be no order as to costs. ______________________ GHULAM MOHAMMED,J Dated 20th July, 2009 ___________________________ VILAS V. AFZULPURKAR, J vrn