2022 Supreme(AP) 886

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, J.
Thurpati Parvathi Devi – Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition No.12227 of 2021
Decided on : 28-07-2022

The court held that the impugned order suffers from the vice of irrationality as also illegality and deserves to be quashed. The relevant germane and fair considerations have been over looked. The impugned order suffers from the vice of irrationality as also illegality and deserves to be quashed. The petitioner is entitled for approval of her appointment on the post of “Record Assistant” in the 6th respondent institution from the date of her appointment with all consequential benefits.

Headnote:

The petitioner’s father died on 07.06.2006 while in service. The petitioner’s mother (widow of the deceased employee) applied for compassionate appointment on 20.03.2007 and 16.03.2009. The State Government imposed a ban on creation/filling up of existing vacancies of aided posts in the recognized aided schools and vide Government Memo dated 14.11.2005 issued orders that the ban orders were applicable for the appointments on compassionate grounds in the aided schools as well. The State Government withdrew the ban completely vide G.O.Ms.No.40 School Education Department dated 30.06.2017 and vide G.O.Ms.No.10 dated 25.01.2018, provided for the compassionate appointments to the dependants of the deceased employees who worked in the recognized aided schools, in due relaxation of Government Memo dated 20.10.2004, and died while in service, in the interregnum period with effect from 20.10.2004 to 05.10.2009. The petitioner was aged about 14 years at the time of the death of her father. She did her Graduation from Andhra University on 24.09.2016 and had completed Diploma in Education in May, 2012. She submitted an application to the 4th respondent-the District Educational Officer, Vizianagaram, to consider her for compassionate appointment. Her mother had given no objection in her favour. Her request was forwarded for consideration to the 3rd respondent, duly communicated to the petitioner by the 4th respondent vide communications dated 09.12.2013, 08.12.2015 and 14.07.2017. The 3rd respondent vide proceedings dated 30.01.2019, returned the proposal to the 4th respondent to re-examine the same in terms of G.O.Ms.No.165 General Administration (Ser.A) dated 20.03.1989 and subsequent G.Os/instructions, if any, and to resubmit the proposal, if eligible, for taking necessary action in the matter, on the ground that on verification of the proposal it was identified that the petitioner’s age was 14 years (minor) as per the Secondary School Certificate (S.S.C) issued by the Board of Secondary Education, Andhra Pradesh, (D.O.B 29.03.1999), at the time of death of her father on 07.06.2006. The petitioner was also asked to withdraw from the service of the 6th respondent after few months of her joining as “Record Assistant”. The petitioner filed a writ petition challenging the impugned proceedings. The court allowed the writ petition and quashed the impugned proceedings. The court held that the impugned order suffers from the vice of irrationality as also illegality and deserves to be quashed. The relevant germane and fair considerations have been over looked. The impugned order suffers from the vice of irrationality as also illegality and deserves to be quashed. The petitioner is entitled for approval of her appointment on the post of “Record Assistant” in the 6th respondent institution from the date of her appointment with all consequential benefits.

Fact of the Case:

The petitioner’s father died on 07.06.2006 while in service. The petitioner’s mother (widow of the deceased employee) applied for compassionate appointment on 20.03.2007 and 16.03.2009. The State Government imposed a ban on creation/filling up of existing vacancies of aided posts in the recognized aided schools and vide Government Memo dated 14.11.2005 issued orders that the ban orders were applicable for the appointments on compassionate grounds in the aided schools as well. The State Government withdrew the ban completely vide G.O.Ms.No.40 School Education Department dated 30.06.2017 and vide G.O.Ms.No.10 dated 25.01.2018, provided for the compassionate appointments to the dependants of the deceased employees who worked in the recognized aided schools, in due relaxation of Government Memo dated 20.10.2004, and died while in service, in the interregnum period with effect from 20.10.2004 to 05.10.2009. The petitioner was aged about 14 years at the time of the death of her father. She did her Graduation from Andhra University on 24.09.2016 and had completed Diploma in Education in May, 2012. She submitted an application to the 4th respondent-the District Educational Officer, Vizianagaram, to consider her for compassionate appointment. Her mother had given no objection in her favour. Her request was forwarded for consideration to the 3rd respondent, duly communicated to the petitioner by the 4th respondent vide communications dated 09.12.2013, 08.12.2015 and 14.07.2017. The 3rd respondent vide proceedings dated 30.01.2019, returned the proposal to the 4th respondent to re-examine the same in terms of G.O.Ms.No.165 General Administration (Ser.A) dated 20.03.1989 and subsequent G.Os/instructions, if any, and to resubmit the proposal, if eligible, for taking necessary action in the matter, on the ground that on verification of the proposal it was identified that the petitioner’s age was 14 years (minor) as per the Secondary School Certificate (S.S.C) issued by the Board of Secondary Education, Andhra Pradesh, (D.O.B 29.03.1999), at the time of death of her father on 07.06.2006. The petitioner was also asked to withdraw from the service of the 6th respondent after few months of her joining as “Record Assistant”. The petitioner filed a writ petition challenging the impugned proceedings.

Finding of the Court:

The court allowed the writ petition and quashed the impugned proceedings. The court held that the impugned order suffers from the vice of irrationality as also illegality and deserves to be quashed. The relevant germane and fair considerations have been over looked. The impugned order suffers from the vice of irrationality as also illegality and deserves to be quashed. The petitioner is entitled for approval of her appointment on the post of “Record Assistant” in the 6th respondent institution from the date of her appointment with all consequential benefits.

Issues: Whether the refusal to give compassionate appointment to the petitioner on the ground that she was 14 years of age and not 16 years on the date of death of her father, is legally sustainable, keeping in view that at the time of death of the petitioner’s father, ban was imposed on compassionate appointments vide Government Memo dated 20th October, 2004, which ban was lifted vide G.O.Ms.No.10, dated 25th January, 2018, making the dependants of the deceased employees who died while in service during the period from 20.10.2004 to 05.10.2009, eligible for compassionate appointment?

Ratio Decidendi: The court held that the impugned order suffers from the vice of irrationality as also illegality and deserves to be quashed. The relevant germane and fair considerations have been over looked. The impugned order suffers from the vice of irrationality as also illegality and deserves to be quashed. The petitioner is entitled for approval of her appointment on the post of “Record Assistant” in the 6th respondent institution from the date of her appointment with all consequential benefits.

Final Decision: The court allowed the writ petition and quashed the impugned proceedings. The court held that the impugned order suffers from the vice of irrationality as also illegality and deserves to be quashed. The relevant germane and fair considerations have been over looked. The impugned order suffers from the vice of irrationality as also illegality and deserves to be quashed. The petitioner is entitled for approval of her appointment on the post of “Record Assistant” in the 6th respondent institution from the date of her appointment with all consequential benefits.