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RAVI NATH TILHARI
A. Hari Poojitha – Appellant
Versus
Chief Executive Officer, Guntur – Respondent
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 fo
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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