Point of law : It is well settled that compassionate employment is given solely on humanitarian grounds with the sole object to provide immediate relief to the employee’s family to tide over the sudden financial crisis and cannot be claimed as a matter of right. Appointment based solely on descent is inimical to our constitutional scheme, and ordinarily public employment must be strictly on the basis of open invitation of applications and comparative merit, in consonance with Articles 14 and 16 of the Constitution of India. No other mode of appointment is permissible.

JUDGMENT :

Ninala Jayasurya, J.

The present writ appeal is preferred against the order dated 23.02.2021 passed by the learned Single Judge in W.P.No.4401 of 2016, wherein and whereby the proceedings of the 2nd respondent/appellant dated 07.10.2014 rejecting the request of the writ petitioner/1st respondent for compassionate appointment was set aside and a direction was issued to consider the case of the writ petitioner for appointment in any suitable post subject to her eligibility, within a period of six weeks from the date of receipt of a copy of the order.

2. The case of the writ petitioner as per the averments made in the writ petition is that one Smt. P. Umamaheswari is mother of the petitioner, who worked as a Multi-Purpose Worker in A. P. Residential School, S.M. Puram, Srikakulam District, and that she died in harness on 01.02.2014 leaving the petitioner in penury without any means of livelihood. The petitioner’s father died, prior to the death of her mother, and the petitioner is having one brother who got married during the lifetime of their mother against her wishes and living separately. The petitioner was married to one Mr. Satyarao in the year 2005 during the lifetime of her mother, and due to family disputes, he deserted the petitioner in the house of her mother in the year 2010 and since then, they are residing separately. The petitioner is solely dependent on her mother and not having any means of livelihood.

i) Against the above background position, the petitioner made an application to the 2nd respondent seeking compassionate appointment enclosing the death certificate of her mother and also no objection certificate given by her brother. But, said application was rejected by the 2nd respondent by proceedings dated 07.10.2014 on the ground that she did not produce the death certificate of her mother and also no objection certificate from other family members. The said proceedings of the 2nd respondent impugned in the writ petition are as follows:

“PROCEEDINGS OF THE SECRETARY :: A.P.R.E.I. SOCIETY (R) ::

HYDERABAD

Present:- Smt. B. Seshukumari, M.Sc., M.Ed.,

Sub:- Estt., APREI Society (Regd.), Hyderabad – Representation of Smt. K. Lalithakumari, D/o late Smt. P.Umamaheswari, MPW, APRS, S.M. Puram, Srikakulam District for the appointment on compassionate grounds – Rejection of proposal – Reg.

Ref:- Representation of the individual through the Principal, APRS, S.M. Puram, Srikakulam District.

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In the reference cited, the Principal, APR School, S.M. Puram, Srikakulam District has submitted proposals for the appointment on compassionate grounds to Smt. K. Lalithakumari, D/o late Smt. P. Umamaheswari, MPW, APRS, S.M. Puram, Srikakulam District, whose mother was expired on 01.02.2014.

After verification of certificates of the incumbent, it was observed that the incumbent has not enclosed the following certificates:

1) Death certificate of the deceased person

2) No objection certificate from other family members

However, as per G.O.Ms.No.350, General Administration (Ser-A) Department, dated 30.07.1999, Smt. K. Lalithakumari, D/o late Smt. P. Umamaheswari, MPW is not eligible for the appointment on compassionate grounds since she is not the only daughter and is having one younger brother, who is a Govt. employee.

Therefore, Smt. K. Lalithakumari, D/o late Smt. P.Umamaheswari, MPW is hereby informed that her representation for providing appointment on compassionate grounds is not feasible for consideration under the above reason. Receipt of the proceedings should be acknowledged.

ii) It may be noted that along with the writ petition, Family Member Certificate dated 05.03.2014 and No-Earning Member Certificate dated 03.07.2014 issued by the Tahsildar, Srikakulam, along with the Death Certificate of the mother of the petitioner dated 24.03.2014 wer