Point of law: In the case of appointment considering the social and economic justice as enshrined in the constitution, denials of deserving cases are liable to be set aside. Further, the purpose of providing compassionate ground to a son or daughter or a near relative of the deceased government servant is to render assistance to the family, which is found in indigenous circumstances. Hence, in considering the case for compassionate appointment, the authorities are supposed to adopt a humane outlook.

ORDER :

This Writ Petition has been filed under Article 226 of the Constitution of India against the action of the respondents in rejecting the claim of the petitioner for providing compassionate appointment vide letter No.HRD/IR/F.No.117DD/06/D.No.181/10, dated 27.3.2010.

2. A counter affidavit has been filed on behalf of the respondents.

3. Heard Sri P.R. Balarami Reddy, learned counsel for the petitioner and Sri Metta Chandra Sekhar Rao, learned Standing counsel for respondents.

4. The case of the petitioner is that the husband of the petitioner while working as Lineman in Respondent Corporation died on 16.06.2004 in harness. Initially, the son of the petitioner viz., Sri D. Suresh applied for the compassionate appointment and he was called for an interview on 25.07.2008 and 29.08.2008 by the respondents along with no earning member certificate. But, due to sudden demise of his father, he has become mentally imbalance and his health is not in good condition and as such, he has not attended to the interview and requested the respondents to provide compassionate appointment to the petitioner by his representation, dated 06.06.2009. As her son has not attended for interview and his health condition does not permit to do that job provided to him, the petitioner has submitted an application to the respondents to consider her case for appointment on any suitable post on compassionate grounds. The 2nd respondent vide Memo No.SE/O/SKL/DE/T/Adm/PO/JAO/A1/D.No.1484/09, dated 22.05.2009, returned the proposal to resubmit the same after attending to the remarks immediately for onward 1st resubmission to Corporate Office. Accordingly, the respondent vide Memo No.DEE/O/SKL/O/Adm/JAO/U1/D.No.685/2009, dated 28.05.2009 directed the petitioner to submit reasons for non attending for interview by her son on 27.07.2008 and 29.08.2008 though he was appointed and to submit “no earning member certificate” from the petitioner.

5. On receipt of the same, the son of the petitioner has submitted a representation, dated 06.06.2009 to the 1st respondent informing that due to his ill-health, he did not attend the interview scheduled on 27.07.2008 and 29.08.2008 and he requested to provide appointment to his mother instead of him. Thereafter, the petitioner has submitted a representation, dated 31.10.2008 to the respondents to consider her case for appointment on compassionate grounds. The said application was not considered holding that the petitioner is not entitled for employment under dependents of deceased quota on the ground that the petitioner has not submitted her proposal for providing employment within one year from the date of death of the employee, which is an essential condition and prerequisite condition for providing employment under compassionate ground. Aggrieved by the same, the present writ petition is filed.

6. In the counter affidavit filed by the respondents, it is contended that originally the case of the son of the petitioner was considered for compassionate appointment basing on the consent letter submitted by the petitioner stating that there is no objection for appointment of her son. The son of the petitioner Sri D. Suresh was allotted to the Srikakulam Circle to the eligible post of Watchman. As per his representation, he was called for an interview on 25.07.2008, but he has not attended for interview. The petitioner submitted a representation that her son is not available at present and requested to permit him to attend the interview after 15 days. Considering her request, the interview was postponed to 29.08.2008. The son of the petitioner submitted a representation that he is not willing to do the job and requested to consider the case of his mother Smt. D. Rajulamma for appointment on compassionate grounds. Thereafter, the petitioner has submitted a job proposal for considering her case for compassionate appointment along with the consent letter from her son Sri D. Suresh, in which it was stated that he is unable to do the job