The Central Power Distribution ... vs G Ratna Bhai,
2021 Latest Caselaw 3171 AP

     IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI


HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                          &
            HON'BLE MR. JUSTICE NINALA JAYASURYA


                    WRIT APPEAL No.518 of 2021
                   (Taken up through video conferencing)

The Central Power Distribution Company of AP Ltd.,
APCPDCL, Rep. by its Chairman Managing Director,
Hyderabad, currently AP Southern Power Distribution Company Ltd.,
Tirupathi, Chittoor District, and others.

                                                       .. Appellants
       Versus

G. Ratna Bhai, W/o. Late G.R. Koteswara Rao,
Aged about 50 years, R/o. H.No.19/37,
Peta Kurnool, Kurnool District, and another.
                                                       .. Respondents

Counsel for the appellants : Mr. Y. Nagi Reddy, Standing Counsel

Counsel for the respondents : Ms. Ch. Sujatha, for Mr. D. Linga Rao

ORAL JUDGMENT

Dt: 25.08.2021

(per Arup Kumar Goswami, CJ)

Heard Mr. Y. Nagi Reddy, learned standing counsel, for the

appellants. Also heard Ms. Ch. Sujatha, learned counsel representing

Mr. D. Linga Rao, learned counsel for the respondents/writ petitioners.

2. This appeal is preferred against a judgment and order dated

12.02.2021 passed by the learned single Judge in W.P.No.22290 of 2012,

directing consideration of the claim for compassionate appointment of

respondent No.2/writ petitioner No.2 in any suitable post within a period

of six weeks from the date of receipt of a copy of the order.

HCJ & NJS,J

3. The writ petition was filed by the wife of late G.R. Koteswara Rao

and their second daughter (respondent Nos.1 and 2 herein) as petitioner

Nos.1 and 2, respectively. G.R. Koteswara Rao died in harness on

03.08.2000 while working as Junior Accounts Officer in Electricity

Revenue Office, Yemmiganur, Kurnool Circle. Respondent No.1/writ

petitioner No.1 had made a representation on 02.02.2001 to appellant

No.4/respondent No.4 to provide employment on compassionate grounds

to her elder daughter. The same was rejected on 30.05.2001 on the

ground that her elder daughter was married. Respondent No.1/writ

petitioner No.1 had made another application on 29.06.2002 requesting

to provide employment to her second daughter, i.e., respondent No.2/writ

petitioner No.2. The said application was returned vide Memo dated

28.08.2002 on the ground that respondent No.2/writ petitioner No.2 was

a minor. Ultimately, on 11.03.2008, another representation was submitted

by respondent No.1/writ petitioner No.1 to appellant No.1/respondent

No.1 to consider the case of respondent No.2/writ petitioner No.2 for

compassionate appointment on par with similarly situated persons. By

letter dated 25.05.2012 of appellant No.3/respondent No.3, the said

representation was rejected on the grounds that respondent No.2/writ

petitioner No.2 had not attained majority within the time prescribed and

that she had not filed application within one year from the date of death

of her father.

4. As per the scheme of compassionate appointment to the

dependants of Government employees who died in harness, in case of

minor children, if they attain the age of 18 years within two years from

the date of death of the employee, their case will be considered for

compassionate appointment. The date of birth of the respondent No.2/ HCJ & NJS,J

writ petitioner No.2 is 11.12.1984. She was aged 17 years 8 months when

two years had elapsed from the date of death of her father and was,

therefore, short of four months to attain the age of majority.

5. On consideration of the matter, the learned single Judge, at

paragraphs 18, 19, 20, 21 and 22 of the order under challenge, had

observed as follows:

"18) The erstwhile Andhra Pradesh State Electricity

Board issued clarification vide B.P.Rt.No.36, dated 08.05.1996

by following the government instructions issued in Memo

No.2047-Ser.A/83-1, GA (Ser.A) Dept., dated 10.10.1983 to

delegate powers to Member Secretary of the APSEB for giving

relaxation to some "hard cases" in the conditions relating to the

age to enter into Last Grade Service or in the stipulated time

limit of two years for application in the case of minor

dependents prescribed for the post in the Last Grade Service for

which appointment of minor children of the deceased/retired on

medical invalidation of employees.

19) It is clear from the averments made in the counter

affidavit by the respondents, the case of the 2nd petitioner was

not referred to the 1st respondent by following the procedure

provided under B.P.Rt.No.36, dated 08.05.1996 treating it as a

"Hard Case" for relaxation of age condition and in a mechanical

way rejected the claim of the 2nd petitioner.

20) In the opinion of this as the issue involved in this

case to relax 4 months period to consider the case of the 2nd

petitioner for appointment on compassionate grounds, the HCJ & NJS,J

respondents ought to have treated it as a "Hard Case" and it

has been referred to the 1st respondent by following the

procedure provided under B.P.Rt.No.36, dated 08.05.1996.

21) It appears from the averments in para No.5 of the

counter affidavit filed by the respondents that the case of one

V. Ram Mohan, S/o late V. Jayanna was referred to the 1st

respondent by following the procedure in B.P.Rt.No.36, dated

08.05.1996 as a "special case" and appointed him, though he is

not having the requisite age. But, in the present case, same

procedure was not followed by the respondents and

accordingly, it has to be considered that the respondents

applied arbitrariness in considering the case of the 2nd

petitioner, which is violative of Articles 14 & 16 of the

Constitution of India.

22) The second ground taken by the respondents to

reject the case of the 2nd petitioner is that she has not

submitted an application within one year from the date of the

death of her father. In the opinion of this Court, this ground

also not tenable. The 1st petitioner made an application on

02.02.2001 to the respondents to consider the case of her first

daughter. It was rejected by the respondents on 30.05.2001 on

the ground that she is married. Thereafter, on 29.06.2002, the

1st petitioner made another application to the respondents

requesting to appoint her second daughter i.e., the 2nd

petitioner herein on compassionate grounds. Therefore, in the

opinion of this Court, there was an application seeking

compassionate appointment from the family of the petitioner HCJ & NJS,J

within the stipulated time after the death of the bread winner of

the family."

6. In the Government Memo dated 10.10.1983, extract of which is

reproduced in B.P.Rt.No.36 dated 08.05.1996 issued by the Andhra

Pradesh State Electricity Board, a copy of which is available at page No.87

of the appeal papers, it is observed that in case of compassionate

appointments to last grade service, if the Secretaries to Government

consider that relaxations are justified in some hard cases in respect of the

conditions relating to the age for entry into the last grade service or in

the stipulated time limit of two years for application in the case of minor

dependants or in the educational qualifications prescribed for the post in

last grade service for which appointment is sought for in the matter of

appointment of minor children of the deceased employees, they may refer

deserving cases, with their recommendations to Government. Learned

single Judge referred to an instance where such age stipulation had been

relaxed considering the same to be a hard case.

7. Having heard the learned counsel for the parties and on perusal of

the materials on record, we are of the considered opinion that the order

under challenge does not require any interference and, accordingly, the

writ appeal is dismissed. The order of the learned single Judge shall be

complied with within a period of four weeks from today.

8. Pending miscellaneous applications, if any, shall stand closed. No

costs.

ARUP KUMAR GOSWAMI, CJ                            NINALA JAYASURYA, J
                                                                              IBL