IMPORTANT POINT
Compassionate appointments should prioritize alleviating family distress over strict adherence to procedural technicalities.

ORDER :

(K. Manmadha Rao, J.) :

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

“….. to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings of respondent No 2 in case No P2/140011206 R M (G) dated 10.08.2021, as illegal, arbitrary and in violation of Articles 14 and 21 of the constitution of India and consequently set aside the same by directing the respondent No 2 to appoint the petitioner as Shramik on compassionate grounds and pass…”

2. The grievance of the petitioner is that the father of the petitioner by name Yenumula Sambasiva Rao worked as driver in the 1st respondent corporation bearing EO.NO.80283 in Guntur -1 Depot. While so, the father of the petitioner died on 02-01-2011 during the course of his employment. After his death, the petitioner made a representation to the respondents to appoint him as conductor/Shramik on compassionate appointment. The 2nd respondent, after considering the application of the petitioner, has issued a letter bearing No. P.2/140(01)/2016-R.M.G., dated 21-10-2016 directing the petitioner to appear before his office on 26-10-2016 at 10.00 A.M for the purpose of screening test along with the original documents i.e., 10th Class Certificate, Caste Certificate and death certificate of the employee. Accordingly, the petitioner along with all original documents appeared before the 2nd respondent for screening test. The authorities of 2nd respondent office, after perusing the documents raised an objection that the surname of the father of the petitioner in the death certificate, 10th Class certificate and community certificate are differed as in the death certificate, it was mentioned as ‘V’ and whereas in other certificates the surname was mentioned as Yenumula. So, consequently, the authorities of the 2nd respondent directed the petitioner to rectify the same and submit the afresh. Thereafter, the petitioner on 09-10-2019 made a representation to the 2nd respondent that he secured the documents after making correction in the death certificate of the father of the petitioner surname as ‘Y’ instead of V and requested the 2nd respondent to consider his representation and to provide employment as conductor or Shramik in the 1st respondent corporation. But, the officers of the 2nd respondent have neither given any information nor sent any letter to appear for the medical tests on 10-04-2017 to the petitioner. In fact, there is no negligence on the part of the petitioner in appearing the medical test. As the petitioner had not received any information, he could not appear before the 2nd respondent for medical tests, if the petitioner received the information about the conducting of medical tests on 10-04-2017 he would have attended before the 2nd respondent. It is further stated that, as the 2nd respondent has not informed the petitioner to attend for the medical tests, the petitioner could not attend the medical test on 10-04-2017. Later, the petitioner came to know that the medical test was conducted on 10-04-2017 only after receipt of the letter from the 2nd respondent on 10-08-2021. After receipt of letter dated 10.08.2021 the petitioner got issued a notice through an advocate on 16.10.2021 informing all the facts about the case and requested to consider his candidature for employment. However, the 2nd respondent has not taken action so far. Hence, the writ petition.

3. Counter affidavit has been filed by the respondents No.1 and 2. While denying all the allegations made in the petition, inter alia, contended that, the petitioner made a representation to the Regional Manager, Guntur to appoint him as Conductor/Shramik on compassionate grounds. After considering the petitioner’s representation, the selection committee has issued a letter bearing No. P2/140(01)2016-RMG, dated 21.10.2016 to the petitioner to appear before the Regional Office on 26.10.2016 along with the original d