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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, J.
A. Hari Poojitha – Petitioner
Versus
The Chief Executive Officer, Guntur and Others – Respondents
Writ Petition No. 19566 Of 2019
Decided On : 12-07-2023
Compassionate Appointment - Qualification for Junior Assistant - G.O.Ms.No.25, G.O.Ms.No.112 - [Compassionate Appointment] - [G.O.Ms.No.25, G.O.Ms.No.112] - The court discussed G.O.Ms.No.25, G.O.Ms.No.112, which prescribe the qualification for the posts of Junior Assistants, Assistant-cum-Typists, Senior Stenographers and Junior Stenographers, and the conditions for conditional compassionate appointment. The court found that the petitioner's application was submitted after the cut-off date and her qualification did not meet the requirements for the post of Junior Assistant.
Fact of the Case:
The petitioner sought modification of her appointment order on compassionate grounds from Office Subordinate to Junior Assistant. The petitioner's father, a Head Master, died in harness, and she was appointed on compassionate grounds. She later acquired a graduation qualification and sought appointment as a Junior Assistant.
Finding of the Court:
The court found that the petitioner's application was submitted after the cut-off date for the prescribed qualification for the post of Junior Assistant and that she was rightly appointed as an Office Subordinate based on her qualification at the time of appointment.
Issues: The issues revolved around the petitioner's eligibility for appointment as a Junior Assistant on compassionate grounds after acquiring a higher qualification and the applicability of G.O.Ms.No.25 and G.O.Ms.No.112.
Ratio Decidendi: The court held that the petitioner's application was submitted after the cut-off date for the prescribed qualification for the post of Junior Assistant and that she was rightly appointed as an Office Subordinate based on her qualification at the time of appointment.
Final Decision: The writ petition lacked merit and was dismissed by the court.
JUDGMENT :
1. Heard Sri K. Laxmana Sastry, learned counsel for the petitioner, Sri G. Srinivasula Reddy, learned standing counsel for respondent No.1 and learned GP for Services-IV, representing respondents 2 & 3.
2. By means of this writ petition under Article 226 of the Constitution of India, the petitioner initially prayed for direction to modify the petitioner’s appointment order on the post of Office Subordinate, vide proceedings Rc.No.2846/2015/A2, dated 20.09.2016, on which post she was given appointment on compassionate grounds. The petitioner had submitted a representation to the Chief Executive Officer and during pendency of the petition, the same was rejected by order dated 03.01.2022. By amendment in the petition, the petitioner is also challenging the said order.
3. The petitioner’s father, namely, A. Srinivasarao, while working as Head Master, Zilla Parishad High School, Boppudi, Chilakaluripeta, died on 26.08.2013 in harness. The petitioner was minor at that time. After completion of Intermediate in April 2015, she applied for her compassionate appointment on 14.09.2015. The proposal was forwarded to the Government for relaxation of rules relating to minimum age and for condonation of shortage of 10 days. The Government accorded permission for appointment in relaxation of the rule as a special case. She was appointed on the post of Office Subordinate in the existing vacancy in Zilla Parishad High School, Veluru, Chilakaluripeta Mandal, Guntur District, vide order dated 20.09.2016. She joined on 21.09.2016. She completed graduation (BA) in April 2018.
4. It is the further case of the petitioner that she represented on 15.09.2017 for considering her candidature for the post of Junior Assistant, followed by another representation dated 13.11.2017. The Chief Executive Officer, Zilla Praja Parishad, Guntur, vide Rc.No.2846/2015/A2, dated 08.02.2018 submitted report to the Commissioner, Panchat Raj & Rural Development, Nakkal Road, Suryaraopeta, Vijayawada, upon which the Commissioner issued Memo No.8147/CPR&RD/C-2/2017, dated 20.02.2018, to the Chief Executive Officer, to consider the case, as per rules.
5. As action was not taken, the present writ petition was filed. This Court, vide order dated 29.08.2022, directed the learned counsel for the 1st respondent to obtain instructions as to what action was taken after the Memo dated 20.02.2018.
6. The 1st respondent filed memo bringing on record the order dated 03.01.2022 by which the petitioner’s case was rejected.
7. The petitioner by amendment, challenged the order dated 03.01.2022, with further prayer for the appointment on the post of Junior Assistant by modifying the order of her appointment on the post of Subordinate vide proceedings Rc.No.2846/2015/A2, dated 20.09.2016.
8. Placing reliance on G.O.Ms.No.25, dated 12.03.2015 and G.O.Ms.No.112, General Administration (Ser.A) Department, dated 18.08.2017, learned counsel for the petitioner submits that at the time of the petitioner’s appointment, her qualification was Intermediate, and later, she also acquired the qualification of Graduation. He submits that at the time of her appointment, she being Intermediate, was eligible for the post of School Assistant. She should have been given conditional appointment on the post of Junior Assistant, as provided in G.O.Ms.No.112.
9. Learned standing counsel submits that the Order dated 03.01.2022 is correctly passed. The G.O.Ms.Nos.25 & 112 are not applicable to petitioner’s case and the petition deserves to be dismissed.
10. It is relevant to reproduce G.O.Ms.No.25, dated 12.03.2015, which reads as under:
“GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Subordinate Services – Scheme of Compassionate Appointment to the dependents of deceased employees who die in harness prior to the 12-5-2014 – Conditional appointment to the candidates who do not possess minimum Educational Qualifications to hold the post of Junior Assistant, Junior Assistant – Cum – Typist – Further orders – Issued.
GENERAL ADMIN
AI
The main legal point established in the judgment is that the eligibility for compassionate appointment is determined based on the qualifications and conditions prescribed at the time of application, ....
Acceptance of a lower post without objection precludes a candidate from seeking appointment to a higher post on compassionate grounds at a later stage.
Once a compassionate appointment is accepted, the right to further appointment under the same scheme is extinguished, and lacking requisite qualifications invalidates the appointment.
The issuance of a final notice to a dependent of a deceased Government employee, directing them to take a lower post after they have acquired the requisite qualification, is illegal and cannot be sus....
Compassionate appointments must be based on qualifications applicable at the time of application, and once an appointment is made, further claims for higher posts are not permitted.
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