W. Rahul vs The State Of Telangana And 3 Others
2022 Latest Caselaw 5489 Tel

           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

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

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.

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.

W.P.No.11303 of 2021

Miscellaneous applications, if any pending, shall also stand

closed.

_____________________________ JUSTICE P.MADHAVI DEVI Date: 29.10.2022 bak

W.P.No.11303 of 2021

THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI

WRIT PETITION No. 11303 of 2021

Date: 29.10.2022 bak