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 not considering the representation, dated 26.09.2009 of the petitioner for providing compassionate appointment.

2. A counter affidavit has been filed on behalf of the respondent Nos.1 and 2.

3. Heard Sri K. Suryanarayana, learned counsel for the petitioner and Smt. N. Anula, learned Standing counsel for respondent University.

4. The case of the petitioner is that while his mother working as Agricultural Workmen in the 2nd respondent organization died on 19.03.2009 in harness. Being the petitioner is the dependent and only legal heir to the deceased employee, he submitted a representation on 26.09.2009 requesting to appoint him in any suitable post on compassionate grounds. As his claim was not considered, he filed the present writ petition against the in action of the respondents.

5. On the other hand, the case of the respondents is that the contention of the petitioner that he submitted a representation on 26.09.2009 for appointment on compassionate grounds is false and only on 17.04.2010 he submitted representation to the 1st respondent. As per the existing rules under the scheme of compassionate appointment, the application for appointment on compassionate grounds from the spouse or the dependent children of the deceased government servant, who died in harness, there being no other earning member in the family, shall be submitted within a period of one year from the date of death. In view of the fact that the petitioner has approached for appointment on compassionate grounds after lapse of one year period, his case was not considered. However, it is contended that as the petitioner has not furnished his address for communication, his application could not be returned back to him with objections.

6. Having heard the submissions of the learned counsel and upon perusing the material available on record, the admitted facts emerges that the mother of the petitioner died on 19.03.2009 in harness. At that time she was working as Agricultural Workmen in the 1st respondent organization. It is also an admitted fact that the dependents of the deceased employee are entitled for compassionate appointment subject to certain conditions. In the present case, the petitioner passed SSC in first division and he fulfilled eligibility criteria of age and educational qualifications. It appears from the legal heir certificate issued by the Tahsildar, Seethampeta, in which it was stated that the petitioner is the only one son of the deceased and the husband of the deceased has already died before the death of the deceased. After conducting necessary enquiry, the Tahsildar, Seethampeta issued legal heir certificate certifying that the petitioner is the only legal heir to the deceased employee. The certificate was issued on 24.04.2009.

7. On perusal of the “no earning member” certificate issued by the Tahsildar, Seethampeta on 03.06.2009, it is certified that including the petitioner, no family members are working either in public sector or private sector. The SSC certificate reveals that the petitioner passed in first division. All the certificates established that the petitioner is having all requisite eligibilities and qualifications to be considered for any suitable post in the respondent organization on compassionate grounds. But, only ground raised by the respondent Nos.1 and 2 for not considering the case of the petitioner is that as per the existing scheme the dependents of the deceased employee have to submit applications seeking compassionate appointment within a period of one year from the date of death of deceased employee.

8. But, it is contended by Respondents that in this case the petitioner submitted his application beyond time stipulated. If the contention of the petitioner that he has submitted representation, dated 26.09.2009 seeking compassionate appointment is considered, the petitioner will succeed. If the c