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 :

1. Heard Sri P. Amarender, learned counsel for the petitioner and learned Government Pleader for Education appearing for the respondent Nos.1, 2 & 4 and perused the record.

2. The case of the petitioner is that the petitioner’s father, who worked as Sanskrit Pandit Gr-II, in G.V.S. Oriental High School, SKR Nagar, Siddavatam Mandal, Kadapa District, died on 29.04.2000 in harness. The petitioner has submitted an application to the respondents on 28.04.2001 requesting them to provide compassionate appointment. The request of the petitioner was not considered by the respondents.

3. Learned counsel for the petitioner submits that the petitioner is entitled for compassionate appointment in terms of G.O.Ms.No.612 G.A.D. (Ser.A) Department, dated 30.10.1991 and G.O.Ms.No.30 Education (Ser.IV) Department, dated 01.02.1994 and Memo No.766/Ser.IV Education (Ser.IV) Department, dated 18.05.1995. Though the Government imposed ban on creation/filling up of existing vacancies of Aided posts in the recognized Aided Schools and also issued orders that the ban orders are applicable for the appointments on compassionate grounds in the Aided Schools, subsequently, the Government revived the scheme of compassionate appointment to the deceased employees working in recognized Aided institutions vide G.O.Ms.No.113, dated 06.10.2009. After revival of the scheme, the petitioner immediately made an another representation to the respondents on 22.03.2010 requesting them to provide compassionate appointment to him. The 1st respondent addressed a letter to the 2nd respondent on 03.04.2010 requesting to cause necessary verification into the records and furnish detail report over the eligibility of the petitioner for employment under compassionate grounds in terms of the G.O.Ms.No.113, Education (SE.PS1) Department, dated 06.10.2009. Till then no orders are passed by the respondents considering the claim of the petitioner for compassionate appointment. Aggrieved by the action of the respondents, the present writ petition is filed.

4. The respondent Nos.1, 2 and 4 filed counter-affidavit. The learned Government Pleader appearing for Respondent Nos.1, 2 and 4 submits that the petitioner is not eligible for providing compassionate appointment all the Government Orders/Memos relied by the petitioner are not applicable to the petitioner, as the petitioner was minor and he do not come under the purview of the said Government Orders. Learned Government Pleader further submits that the Government revised the scheme of compassionate appointments to the dependents of the deceased Aided employees working in the Aided institutions in terms of G.O.Ms.No.30, Education (Ser.V) Department, dated 01.02.1994 by taking district as a Unit and providing them employment in ZP/MPP/Government Offices (not in Aided institutions). However, the Government have clarified that the orders issued in the Memo No.20360/SE.PS1/A1/2010, dated 09.06.2010 are with effect from the date of issue of Government Order (i.e.) with effect from 06.10.2009 (perspective) only.

5. Learned Government Pleader submits that the petitioner is not eligible for compassionate appointment since the provisions contained in G.O.Ms.No.113, Education (SE.PS1) Department, dated 06.10.2009 shall come into force with effect from 06.10.2009 only and as such, the case of the petitioner cannot be taken into consideration for providing employment on compassionate grounds. It is contended by the learned Government Pleader that as the petitioner’s father expired on 29.04.2000, the petitioner is not eligible for appointment since the provisions contained in G.O.Ms.No.113, Education (SE.PS1) Department, dated 06.10.2009 will come into effect prospectively only with effect from 06.10.2009.

6. It is further contended by the learned Government Pleader that the Government issued G.O.Ms.No.10, School Education (PS) Department, dated 25.01.2018, in which it was clearly stipulated that to make compassionate appointments to the depen