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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the Order in R O C No 314/2021/C1 dated 06-10-2021 issued by the respondent No 3 rejecting my request for appointment on compassionate grounds on the demise of my father Late R Yedukondalu stating that the application was submitted belatedly without considering the fact that O S No 276 of 2018 on the file of Senior Civil Judge Gurazala was pending consideration due to which Family Member Certificate was not issued by Tahsildhar Piduguralla as illegal arbitrary colourable exercise of power contrary to the scheme envisaged under G O Ms No 687 General Administration Department dated 3 10 1977 apart from being violative of the fundamental rights guaranteed to me under Articles 14 19 and 21 of the Constitution of India and consequently direct the respondent No 3 to appoint me in any suitable post on compassionate grounds in the respondents Corporation by setting aside the proceedings in R O C No 314/2021/C1 dated 06 10 2021 issued by him and pass such other order or orders…”

2. The facts of the case are that initially the petitioner’s father Late R.Yedukondalu was appointed as a health worker in the respondent No.2 Corporation on NMR basis and subsequently his services were regularized by the respondent No.2. While so, the said Late R. Yedukondalu passed away on 03.12.2017, while he was in service of the respondent No.2. Thereafter, as the petitioner is eligible to be appointed on compassionate grounds on sudden demise of his father Late R.Yedukondalu, as is provided under G.O.Ms No. 687, General Administration Department, dated 3.10.1977 requested the respondent No.3 for his appointment on compassionate grounds and the respondent No.3 in-turn directed the petitioner to produce Family Member Certificate of the petitioner’s father Late R. Yedukondalu for his appointment on compassionate grounds as is provided under G.O.Ms.No.145, Revenue (Ser.II) Department, dated 25.04.2015. While so, the petitioner’s brother Ragiri Venkateswarlu and two others have filed O.S.No.276 of 2018 on the file of Senior Civil Judge, Gurazala for partition of suit schedule properties into four (4) equal shares and allot one such share to each of the plaintiff and to the petitioner and the said suit was compromised through the Award, dated 12.03.2022 vide Lok Adalat Case No.10 of 2022 before the Lok Adalat Bench, Guzarala, wherein the petitioner paid an amount of Rs.6,00,000/- to his brother, sister and step mother out of the terminal benefits of his father. It is further stated that, after much persuasion the Tahsildhar, Piduguralla agreed to record the petitioner as the son of the second wife in the Family Member Certificate of the petitioner’s father Late R. Yedukondallu. Accordingly, the petitioner submitted an application, dated 30.09.2021 before the respondent No.3 bringing to his notice that finally the Family Member Certificate had been issued in favour of the petitioner and requested him to consider the petitioner candidature for appointment on compassionate grounds. Whereas, the respondent No.3 without considering the fact that due to the delay in issuing the family member certificate by the Tahsildhar, Piduguralla enabling the petitioner to make an application before him there was a delay in submitting the application for compassionate appointment, rejected the same stating that the application submitted by the petitioner is belated one. Hence, the present writ petition.

3. Counter affidavit has been filed by the respondent No.3 and denied all the allegations made in the petition. It is contended that one Smt. Ragiri Kumari made an application on 13.12.2017 seeking for payment for funeral expenses claiming that she is wife of deceased Ragiri Yedukondalu. Thereafter, Smt Ragiri Rosamma filed an applicat