ORDER:

1. The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in rejecting the petitioner’s case for compassionate appointment, under the scheme of Medical Invalidation Vide impugned Roc.No.4891/2010-A6, dated 3-5-2021 of the 4th respondent as illegal, arbitrary, unconstitutional and violative of Art. 14 and 16 of the Constitution of India and consequently this Hon’ble Court may be pleased to set aside the impugned order dated: 3.5.2021 by declaring that, the petitioner herein is entitled for appointment on compassionate grounds in any suitable post, as per the G.O.Ms.No.661 GAD, dated 23.10.2008 and consequential Circular Memo. No.43785/Ser.G/2010-5, dated 12-12-2011 and also as per the final orders passed in W.P.3912/2011 and batch cases dated 02-04-2014 and orders passed in WP (TR) No.3723/2017, dated 01.07.2019 and pass such other order or orders ….”.

2. The case of the petitioner, in brief, is that father of the petitioner was appointed as lift operator in Government General Hospital, Kakinada, on 15.02.1971 and in the year, 1974, he was promoted as Record Assistant.

Petitioner’s father retired from service w.e.f. 13.08.2001 under the scheme of medical invalidation. Petitioner, after his father’s retirement, made representation, dated 22.09.2001 seeking compassionate appointment for the post of Junior Assistant or any other suitable post as per G.O.Ms.No.504, GAD, dated 30.07.1980 wherein compassionate appointment was provided to the son/daughter/spouse of government employee who retires from service on medical grounds. Petitioner possesses degree qualification and hence, he is eligible for the post of Junior Assistant.

Pending consideration of petitioner’s representation, dated 22.09.2001, Full Bench of composite High Court, by order, dated 12.10.2001 passed in W.P.No.13489 of 2000, struck down the scheme provided under G.O.Ms.No.504, GAD, dated 30.07.1980 holding that the scheme of medical invalidation is violative of Articles 14 and 16 of the Constitution of India. Pursuant to the said order, government issued G.O.Ms.No.202, GAD, dated 27.04.2022 dispensing with the scheme of compassionate appointment.

Against order, dated 12.10.2001 in W.P.No.13489 of 2000, aggrieved parties filed SLP (Civil) No.4210 of 2003. Pending the SLP, aggrieved parties made a request to the Government to consider for compassionate appointment in respect of pending cases prior to the abolition of the scheme. However, Government issued G.O.Ms.No.44, dated 17.02.2003, considering the pending cases for appointment as Panchayat Secretaries on contract basis.

Superintendent, Government General Hospital, Kakinada addressed letter to the District Collector, East Godavari District, Kakinada vide Rc.No.1307/E2/05, dated 29.03.2003 submitting proposal for appointment of the petitioner to the post of Panchayat Secretary as dependent of government employees, who retired from service on medical invalidation before 27.04.2002. Acting upon said letter, petitioner was appointed as Panchayat Secretary vide proceedings Roc.No.1547/03-A1, dated 07.06.2003, on contract basis for a period of one year.

Petitioner joined as Panchayat Secretary and the contract was extended from time to time. By proceedings No.01/05-A1, dated 27.07.2005, petitioner was posted as Panchayat Secretary, Z.Bhavaram Gram Panchayat. By Memo No.71010/Mdl.II/A2/ 04-1, dated 16.06.2004 Principal Secretary to Government communicated to all the Collectors to continue Panchayat Secretaries appointed on contract basis under Medical Invalidation Scheme, until further orders.

While the matter stood thus, by proceedings in Roc.No.1621/2006/A1, dated 19.09.2006 issued by the Collector (Pt. Wing) East Godavari District, Kakinada, in terms of G.O.Ms.No.246 GA (Ser G) Dept., dated 30.05.2006, fifteen