JUDGMENT :

Ninala Jayasurya, J.

1. Assailing the order dated 03.02.2020 passed by the learned Single Judge, the respondents in W.P. No. 17055 of 2019 filed the present appeal.

2. For the sake of convenience, the parties are referred to as they were arrayed in the writ petition.

3. The writ petitioner feeling aggrieved by the action of the respondents-appellants in not appointing him on compassionate grounds due to the death of his father one Mr. Kamepalli Anjaneyulu filed the said writ petition. In the affidavit filed in support of the writ petition, it was stated inter alia that the petitioner's mother Smt. Kamepalli Hymavathi is the legally wedded wife of the petitioner's father Anjaneyulu and after the birth of the petitioner's last sister, his father developed an affair with one Eeswaramma and deserted his mother and four sisters, sent them out of matrimonial home about 23 years back when he was at the age of 5 years, keeping the petitioner with him. It was also stated that the petitioner was under the care and custody of his father till he died intestate on 25.01.2019 while in service, that the marriage of the petitioner was performed by him on 20.02.2014 and that the petitioner had been staying with his father till his demise. Claiming that due to the death of his father, he became destitute, having no source of livelihood and unable to maintain his family, he made an application on 02.08.2019 to the respondents seeking compassionate appointment. Since no action was taken pursuant to the said application for appointing him on compassionate grounds, the petitioner approached this Court. In support of his case, the petitioner filed certain documents like study and conduct certificates as also family member certificate issued by the concerned Mandal Revenue Officer.

4. The respondents filed their counter-affidavit through respondent No. 4, wherein while denying the various averments made by the writ petitioner, it was inter alia stated that the said Eeswaramma made a representation through her Advocate to the effect that she is the legally wedded wife of the said Anajaneyulu and her name is also found in the Service Register of Anjaneyulu as his wife and nominee, that there is no material to show that Hymavathi is the wife of Mr. Anjaneyulu and the petitioner is his son. It was further stated that in view of the representation made by the said Eeswaramma claiming to be the legally wedded wife of Mr. Anjaneyulu, the application of the petitioner was not considered and that the respondents cannot give compassionate appointment when there is a dispute between the petitioner and others, unless they produce Succession Certificate in this regard issued by the appropriate Court. Accordingly, the respondents prayed that the writ petition be dismissed.

5. The learned Single Judge, after examining the submissions advanced by the respective parties and considering the scope of Section 370 of the Indian Succession Act, disposed of the writ petition by order dated 03.02.2020, inter alia holding thus:

"From a reading of the above Section, it is clear that the Succession Certificate is only be issued for securing payment of debts and securities and such other like movable properties, particularly when there is a doubt. This is a case of compassionate appointment. The documents submitted as rightly pointed out by the learned counsel for the petitioner start from 2005 onwards. All these documents uniformly show that the petitioner is the son of Anjaneyulu. Lastly, it is also clear from the submission made by the learned counsel for the petitioner merely because a lady claimed that she is the wife of Anjaneyulu, the petitioner's claim for compassionate appointment cannot be kept in abeyance.

In that view of the matter, this Court is of the opinion that the petitioner is entitled to an order as prayed for. The respondents are directed to consider the case of the petitioner in line with the application dated 02.08.2019 along with the documents enclose