The court ruled that the failure to consider a representation for compassionate appointment is illegal and arbitrary, emphasizing the need for equitable treatment under the compassionate appointment scheme.

ORDER :

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 WRIT OF MANDAMUS declaring the action of the respondents in not considering the petitioners representation dated 06.07.2022 for compassionate appointment in any suitable post under the compassionate grounds upon death of my deceased father Late P Udaya Sankar while he was in the services of the respondent department as illegal, irregular, arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents to consider and decide the petitioners said representation dated 06.07.2022 and appoint the petitioner in any suitable post and pass…”

2. Brief facts of the case are that the petitioner’s father by name P.Udaya Sankar was an employee of Police Department. He was appointed in the year 1980 as police constable. Later he was promoted as Head Constable. He died on 13-06-2012. While he was in service, his father was dismissed from the service on the ground of misbehaviour towards higher officials. Immediately, the petitioner’s father filed O.A.No. 12509 of 2009 on the file of Hon'ble Andhra Pradesh Administrative Tribunal at Hyderabad and the said O.A.was dismissed vide its order dated 03-01-2014. During pendency of the said O.A., the petitioner’s father was died on 13-06-2012. Thereafter, the petitioner came on record of O.A. Later, against the order dated 3.1.2014 passed in the said O.A., the petitioner preferred W.P.No.2845 of 2015 before this Court. The said writ petition was allowed setting aside the impugned order vide its order dated 08-02-2021 in respect of punishment was altered as compulsory retirement of her father. The compulsory retirement was with effect from 15-06-2008 and further directed the respondents in the writ petition to release the pensionary benefits to the legal representatives of deceased employee. It is stated that the said order copy was served to the respondent authorities. The pensionary benefits released to the petitioner in some extent. But, some of the benefits and amounts are pending consideration.

It is further stated that the petitioner’s father had two children and widowed wife. Petitioner’s mother in a depressed state of mind, even she was not able to come out from the shock of death of his father. He being a only son to his deceased father looking after the welfare of mother and his sister. Further, the petitioner has no any job to maintain his family. Till passing of order in the earlier writ petition, the petitioner family were faced great hardship. In view of sufferance caused due to death of his father, the petitioner’s mother made a representation dated 06-07-2022 to the respondents with a request to appoint the petitioner in any suitable post in the police department as under compassionate grounds. It is mainly contended that, the police department has issued a notification dated 07.11.2016 inviting applications for driver and the petitioner has applied for the same and selected in physical test. Therefore, the petitioner had a requisite qualification to consider his name as under compassionate grounds in any suitable post in the police department. But the respondents have not taken any action on the representation dated 6.7.2022. Hence the present writ petition.

3. The counter affidavit has been filed by the 4^th respondent. While denying the allegations made in the petition, inter alia, contended that, the father of the petitioner was worked as Armed Reserved Head Constable. While he was working in ARHC, he was involved as an accused in Cr.No.18/2001 under Section 498(A) & 324 IPC of Eluru II Town P.