S. B. SINHA, C. J.

( 1 ) THIS Writ Petition is directed against an order dated 6-11-1998 passed by the A. P. Administrative Tribunal in O. A. No. 3151 of 1998 whereby and whereunder the Original application filed by the petitioner was dismissed. In the said Original Application, the relief claimed by the petitioner was as follows:"to declare the impugned order of the 3rd respondent dated 11-3-1998 vide proceedings No. A7/1417/98, including the circular of the 2nd respondent bearing No. A4/3579/96, dated 21-1-1997 as illegal, arbitrary and violative of Articles 14,16 and 21 of the Constitution of India as well as rules 12 and 67 of A. P. V. A. Os Service rules, 1990 and consequently direct the respondents herein to appoint the applicant as Village Administrative officer of Korripadu Village, monopad Mandal, Mahabubnagar district on compassionate ground forthwith".

( 2 ) THE question which arises for consideration is as to whether the petitioner could be appointed as Village administrative Officer on compassionate grounds?

( 3 ) IT is not in dispute that the petitioner s husband while working as Village administrative Officer (VAO) died on 8-1-1997. She made an application for compassionate appointment within one year. However, the said application was rejected stating that the petitioner has crossed the age of (46) years and as such she is not eligible for appointment as V. A. O. as per Rule 8 (2) (iii) of A. P. Village administrative Officers Service Rules, 1990 (for short the Rules ). It is also stated that there is no provision to relax any condition for appointment as V. A. O. on compassionate grounds as clarified by the commissioner, Land Revenue, A. P. , hyderabad in Circular instructions no. A4/3579/96 dated 21-1-1997.

( 4 ) THE contention of the petitioner is that having regard to the provisions of Rule 67 of the rules, the age bar cannot be a ground in refusing appointment to the petitioner in view of the fact that Rule 8 (2) (iii) which prescribes such age limit is not applicable in case of compassionate appointments. It was submitted that, in any event, there is at least one instance where the age bar was relaxed.

( 5 ) BEFORE considering the matter on merits, we may note a disturbing feature. The petitioner s two sons who are majors are also qualified to be appointed in the said post. They, despite holding requisite qualification did not apply for compassionate appointment. The learned tribunal having regard to the said factual aspect held:"further, it is also established fact that as per the enquiry made by the respondents, the deceased has left two major sons. The applicant has not furnished any material or information about her two sons regarding their employment. In such circumstances, there is every reason to conclude that both her major sons are employed and hence they have not made application to appoint them on compassionate grounds. Further, the very compassionate appointment is intended to provide minimum economic succor to the needy family of the deceased".

( 6 ) THE petitioner in the affidavit filed in support of the Writ Petition should have categorically stated with regard to the avocation of her major sons or as to whether they are employed or not. In paragraph 4 of the affidavit, it is merely stated that they are not Government employees. To our query, the learned Counsel appearing for the petitioner states that the petitioner s sons are working with some private organisations.

( 7 ) IT is not in dispute that the conditions relating to the appointment to the category of V. A. Os are governed by the A. P. Administrative Officers Service Rules, 1990. The relevant provision:, whereof are quoted thus:"8. Qualifications for appointment of village Administrative Officers: (1) In case of erstwhile Village Officers, a person shall be eligible for the post of Village Administrative Officer, if (i) he has passed the 7th Class or its equivalent examination; provided that the Ex-Village Officer who has put in

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