The condition in G.O. Ms. No. 612, General Administration (Services-A) Department, dated 30.10.1991, which restricted compassionate appointment to younger brothers or sisters of deceased unmarried government employees, was discriminatory and violative of Article 14 of the Constitution of India.

JUDGMENT

Dr. K. Manmadha Rao, J. - This petition is filed under Article 226 of the Constitution of India for the following relief:-

'...to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo dated 06.05.2020 of the 2nd Respondent bearing R.C. No. 530/ME 3/2019 and consequential Memo Dated 16.05.2020 of the 4th respondent bearing C. No. 4362/A1/2014 declining compassionate appointment to the petitioner being the younger sister of the deceased unmarried brother died in harness as illegal arbitrary and unjust and violative of Articles 14, 16 and 21 of the Constitution of India G.O. Ms. No. 612 General Administration Services-A Department, dated 30.10.1991 and the principles of natural justice and to consequently to direct the Respondents to appoint the petitioner in a suitable post on compassionate grounds being eligible to be considered for the post and pass such other order or orders.......'

2. The case of the petitioner is that the mother of the petitioner Kakani Venkata Subbamma submitted a representation to the 4th respondent for compassionate appointment to the petitioner. The 4th respondent addressed a letter to the 3rd respondent dated 24.12.2014 recommending for compassionate appointment to the petitioner. The 3rd respondent in turn issued an Endorsement dated 25.8.2015 seeking clarification from the Government as to the eligibility. Subsequently, the 1st respondent by Memo No. 10332/Legal/II/A2/15-1, dated 14.12.2016 issued clarification stating that the employee happened to have remained unmarried enables the younger brother or sister of such deceased employee to be considered for compassionate appointment provided there is no earning member in the family as per the orders of G.O. Ms. No. 612, GAD, dated 30.10.1991.

It is further stated that the 3rd respondent also addressed a letter to the 4th respondent dated 15.5.2017 relating to the proposal of compassionate appointment of the petitioner is returned to take further action. Thereafter, the petitioner's mother made another representation and the 4th respondent sent a Memorandum dated 16.5.2020 stating that the application of the petitioner is not feasible for compassionate appointment for acceptance. Questioning the same, the present writ petition is filed.

3. Counter affidavit is filed by the respondents denying all the averments made in the petition and contended that the subject matter has been got enquired by Deputy Superintendent of Police, District Special Branch, Nellore and submitted his report vide C. No. 1613/VR-SB-NLR/2019, dated 18.2.2020 in which it was elicited that the applicant K.V. Subbamma is the wife of Sri. Kakani Sriramulu, late PC-421 who worked in Police Department as Police constable and died. They had two sons and one daughter. The 1st son Kakani Venkateswarlu, worked as PC-1828 in SPS Nellore District and died in a road accident and the 2nd son Kakani Uday Kumar, worked as PC-421 in SPS Nellore District died in train accident on 15.2.2014. Since the date of death of her 2nd son Kakani Uday Kumar, the applicant K. Venkata Subbamma was living alone separately at Nellore. Further, the applicant Smt. K.V. Subbamma died on 28.10.2019 and the Death Certificate to that effect was issued on 20.11.2019 by the Registrar (Birth & Death), Municipal Corporation, Nellore.

It was also elicited that Smt. K. Sujana, the daughter of the application i.e., the petitioner herein is married to one Nagaraju 15 years ago and she is residing with her family separately in Kondayapalem Gate, Nellore Town. In the light of the above, a detailed factual report was submitted to the Director General of Police, A.P., Mangalagiri furnishing the entire correspondence done vide C. No. 4362/A1/2014 dated 5.3.2020 of the Superintendent of Police, SPS Nellore District. After due examination of the case, the Director General of Police has issued a Memorandum in Rc. No. 530/ME.3/2019, dated 6.5.2020. Subsequently, the Director Gen