ORDER :

1. The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India for the following relief:

“......to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not giving a suitable post or job to the petitioner in their organization under compassionate grounds due to the death of his father in 2006 besides several representations being, made by petitioner as illegal, arbitrary and unconstitutional and consequently direct the respondents to give a suitable post or job to the petitioner in the organization of the respondents and to pass such other and further orders in the interest of justice.”

2. The facts of the case, as per the averments made in the affidavit of the petitioner filed along with Writ Petition, are as under:

(i) The father of the petitioner Sri. B. Ranganatha Swamy joined in the service as a clerk in the office of respondent No. 4 in the year 1978 and later he was transferred to the Employees' Provident Fund Organization, Kadapa, on promotion as UDC. He married Smt. Chandrika in 1978 and they were blessed with three children including the petitioner. Later, due to differences between them, they obtained divorce from the competent Court on 12-07-1988 when the petitioner and his sisters were minors. After divorce, his father took the custody of the petitioner along with his sisters. Later, he married Smt. G. Swarnalatha in the year 1988, who is a B.A. and B.Ed. graduate and who got a Govt. job later as a Elementary School Teacher in the year 1990 and drawing about 20 to 25 thousand per month as salary. She has only one son born through the father of the petitioner.

(ii) The father of the petitioner died in the year 2006. After his death, the petitioner submitted an application to the respondents on 05-04-2006, with all relevant documents, seeking to provide employment on compassionate grounds to him. As there is no progress in spite of several representations made by the petitioner, thereafter, the petitioner is constrained to file the present Writ Petition.

3. Respondent Nos. 1 to 4 filed their Counter Affidavit denying the averments made in the affidavit while submitting that after the death of the father of the petitioner, the petitioner made an application to the respondents for the post of MTA on compassionate grounds, and thereafter, the respondent authorities sent the same to the Additional Central Provident Fund Commissioner, Southern Zone, on 11-04-2008, which, in turn, sent a letter to, the Central Provident Fund Commissioner, New Delhi, duly recommending the case of the petitioner for appointment to the post of MTA. Later, the case of the petitioner for compassionate appointment was rejected by the Head Office, vide Letter No. HRM III/II (14) 2006/AP/56619, dated 24-10-2008, on the ground that the first wife of the deceased has already expired and the second wife of the deceased is working as Government Teacher and hence, found no liability for compassionate appointment.

4. Thereafter, the Regional Provident Fund Commissioner-I, Hyderabad, addressed a letter to the Central Provident Fund Commissioner, New Delhi, duly requesting him to reopen the case for afresh decision. As the Central Provident Fund Commissioner, New Delhi, who is vested with the powers under Rules, has already rejected the request of the petitioner, the case of the petitioner cannot be considered under compassionate appointment. Hence, the learned counsel sought to dismiss the Writ Petition.

5. Heard Sri. S.S. Bhatt, learned counsel for the petitioner and Sri. P. Ramabhupal Reddy, learned Standing Counsel appearing for the Employees' Provident Fund Organization.

6. Having heard the submissions of the learned counsel and upon perusing the material available on record, it appears that the father of the petitioner, Sri. B. Ranganatha Swamy, while working as SSSA (TBP), SRO, Kadapa, expired on 14.02.2006 in ha