UMESH CHANDRA BANERJEE, C. J.

( 1 ) THE short point for consideration in this appeal is in regard to the powers of the Commissioner of Endowments, Government of Andhra Pradesh, in regard to the issuance of an order of appointment of a charitable religious institution or endowment on compassionate grounds.

( 2 ) BEFORE dealing with the problem as such, it would be convenient to note the basic law in regard to the appointment on compassionate grounds. Be it noted that in the normal course of events all appointments should be made strictly on the basis of open invitation to the public at large so far as public services are concerned and appointments on compassionate grounds cannot but be termed to be an exception. The word compassion in common acceptation mean and imply fellow feeling or sorrow for the sufferings of another. Having due regard to the meaning to be attributd to the word compassion, it appears, therefore, that compassionate appointment cannot but mean to ameliorate the financial stringencies caused by the sudden death of a wage earner. It cannot possibly be deferred to any future point of time but to avoid immediate financial impact on the family, a compassionate appointment is made or given. Be it also noted here that this compassionate appointment cannot also be possibly made in contradistinction with the rules. It has to conform to the rules and regulations, otherwise the action cannot but be termed to be totally void by reason of adoptation of a procedure unknown as regards the rules of appointment are concerned. One word of caution ought to be introduced at this juncture to the effect that the claim for compassionate appointments cannot be termed to be a claim as a right of inheritance - there is no element of right involved on the part of the applicant but by reason of sudden pitiable conditions, the concerned authority having due regard to the factum of the services rendered by an employee who has died recently or immediate past on compassionate grounds so as to avoid a financial set-back, appoints the heir of the deceased.

( 3 ) THE view expressed as above finds support from the decision of the supreme Court in the case of State of Haryana vs. Rani Devi.

( 4 ) HAVING discussed the basic features of this compassionate appointment being the focal point for consideration here, let us advert to the factual score briefly herein below:- one Sri. M. V. K. Sarma entered into the service of Dwaraka Tirumala devasthanam as a Record Assistant in or about 1968 and subsequently promoted as Junior Assistant. The records depict that the said Sri Sarma, however, died whilst in service on 03-09-1983. The factual score record that the wife of the deceased was paid Rs. 228/- towards the family pension. The writ petitioner being the son of Sri M. V. K. Sarma, since deceased, was aged about 12 years at the time of the death. Records, however, further depict that the sister of the writ petitioner Smt. Seshu Kumari is a permanent employee of the devasthanam and her husband Sr. N. S. Raghu babi is also a permanent - employee of the Devasthanam. Be that as it may, it has been the definite practice of the Devasthanam that in the event of a compassionate appointment, the same should be made within a period of twelve (12) months from the date of the death of the employee concerned by reason of which such an appointment is made on compassionate grounds. The factual score, therefore, depicts that an employee died in the year 1983 and the widow of the employee draws a pension of Rs. 228/- per month, having the daughter and the son-in-law being employed at the Devasthanam and had a son who was aged 12 on the date of the death. This factual clarification is required in the contextual facts by reason of the factum of compassionate appointment being made by an authority which is otherwise not competent to make such appointment on comapssionate grounds after a lapse of more than seven (07) years.

( 5 ) THE factual matrix further depicts tha

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