THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
W.P.No. 11303 of 2021
ORDER:
This writ petition has been filed by the petitioner seeking a writ of Certiorari, calling for all the connected records including the impugned order passed by the respondent No.3 vide proceedings C.No.1785/A1/Police(IT&C-TS)/2021, dated 28.03.2021 and quash the same as illegal, improper, unjust, arbitrary and contrary to law and further direct the respondent No.3 to appoint the petitioner on compassionate grounds without reference to Circular Memo No.3548/Ser.G/A2/2010-8, dated 24.03.2012, as held by the Hon'ble High Court of Andhra Pradesh in a Judgment reported in 2019(2) ALD 286 and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.
2. Brief facts leading to the filing of the present writ petition are that the petitioner's mother Late Smt.S.Suryakala, while she was working as Senior Assistant of Police (IT&C), died due to heart attack on 05.12.2017 while in service. The petitioner being the son has filed an application to the respondent No.3 for compassionate appointment under the scheme on 21.12.2017. Subsequently, the petitioner's father Mr.W.Jagpal Das also gave an application to the 2 W.P.No.11303 of 2021 respondent No.3 requesting him to appoint the petitioner herein on compassionate grounds under the scheme. It is submitted that when there was no response from the respondent No.3, the petitioner made another representation dated 10.10.2018 and the respondent No.3 had sought some more documents vide memo dated 12.04.2019. It is submitted that the petitioner had given all the relevant documents to the respondent No.2 on 04.01.2020. It is submitted that the respondent No.4 vide memo dated 28.12.2020, had requested the petitioner's father also to furnish his service certificate and details of pension and pensionary benefits, etc., and the petitioner's father have also submitted the necessary documents along with representation dated 06.01.2021.
3. Learned counsel for the petitioner submitted that the respondent No.3, vide orders dated 28.03.2021, had rejected the case of the petitioner for compassionate appointment and aggrieved by the same, the present writ petition is filed.
4. Learned counsel for the petitioner submits that the case of the petitioner has been rejected for compassionate appointment solely on the ground that the petitioner's father is a retired Central Government employee and he is drawing service pension. It is submitted that the respondents have relied upon the circular memo No.3548/Ser.G/A2/2010-8, Government of Andhra Pradesh, GAD 3 W.P.No.11303 of 2021 (SW-I) Department, dated 24.03.2012, wherein it was clarified that the pension can be treated as 'earning' and pensioner can be treated as an 'earning member' and therefore, the dependent children of a Government employee who died while in service, cannot be considered for appointment under the scheme of compassionate appointment, when the other parent, who had retired from service, is in receipt of service pension.
5. Learned counsel for the petitioner submitted that this issue had come before the Hon'ble Division Bench of this Court in Writ Appeal No.700 of 2018 and vide orders dated 29.11.2018 it is held that service pension drawn by the father cannot be said to be adequate by any stretch of imagination, thereby disentitling the respondent from seeking appointment on compassionate grounds. The Hon'ble Division Bench further observed that since more that 2½ years lapsed after expiry of the mother i.e., the Government employee therein, the financial condition of the family needs to be examined afresh. Therefore, the Court had directed the authorities to verify the claim of the petitioner and to provide compassionate appointment, if he is found to be eligible. The learned counsel for the petitioner seeks similar relief in the case on hand. 4
W.P.No.11303 of 2021
6. Learned Government Pleader for the respondents have filed counter affidavit by reiterating the stand taken by them in the impugned order.
7. Having regard to the rival contentions and material on record, this Court finds that the Division Bench of Hon'ble Andhra Pradesh High Court, as it then was, held that the service pension of the pensioner cannot be considered as 'earning' and that the pensioner cannot be considered as an earning member of the family of the person who is seeking compassionate appointment.
8. In view of the above submissions and in view of the fact that nearly four years have lapsed after the death of the petitioner's mother in the year 2017, this Court deems it fit and proper to direct the respondent to reconsider the financial status and condition of the family and if it is found that he is in financial penury and is otherwise eligible, the respondents may consider giving appointment on compassionate grounds to the petitioner without reference to the pension being received by the petitioner's father.
9. The writ petition is accordingly allowed. There shall be no order as to costs.
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W.P.No.11303 of 2021 Miscellaneous applications, if any pending, shall also stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 29.10.2022 bak 6 W.P.No.11303 of 2021 THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No. 11303 of 2021 Date: 29.10.2022 bak