Compassionate appointment claims must be made promptly, losing validity if delayed, particularly when financial circumstances improve significantly.

Order :

R. Raghunandan Rao, J.

Heard Sri Narra Srinivasa Rao, learned counsel appearing for the petitioner and Sri N. Ashwani Kumar, learned counsel appearing for the respondents.

2. The father of the petitioner was working as a Process Server in the Court of the Principal Junior Civil Judge, Repalle and was due to retire, from service, w.e.f. 31.08.2006, on attaining the age of superannuation. He had sought retirement on medical invalidation, by way of an application, dated 03.11.1999 as he was suffering from 'Lumer Canal Stenosis with the Seatica (Left) with Hypertension'. The father of the petitioner while seeking retirement, on medical invalidation, had also sought compassionate appointment of the petitioner, who was his son, under the scheme of compassionate appointment contained in G.O.Ms.No.309, dated 04.07.1985 and G.O.Ms.No.214, dated 09.06.1988.

3. The request of the father of the petitioner was accepted, by the Principal District Judge, Guntur, on the basis of the medical invalidation certificate, dated 15.03.2000, which was issued by the Medical Board, after physically examination of the father of the petitioner. The Principal District Judge after accepting the said invalidation certificate had sent proposals to the Hon'ble High Court, on 14.07.2000, for compassionate appointment of the petitioner. However, the father of the petitioner was again referred to a Medical Board, on 03.04.2001, which again issued a medical invalidation on 19.05.2001. After receipt of this certificate, the Principal District Judge had again forwarded proposals for appointment of the petitioner, to the High Court in June, 2001.

4. A Full Bench of the Andhra Pradesh High Court, by a Judgment, dated 12.01.2001, in W.P.No.13489 of 2001, had held that the entire scheme of compassionate appointment was itself invalid and had set aside the scheme. Pursuant to this decision, the father of the petitioner was informed, by the Principal District Judge, Guntur, by a notice dated 14.12.2001, that the application of the petitioner was being rejected in view of the judgment of the full bench of the Andhra Pradesh High Court. Thereafter, the Hon'ble Supreme Court, by its judgment, dated 12.08.2008, had set aside the judgment of the full bench of the High Court of Andhra Pradesh, and held that the scheme for compassionate appointment of dependants of government servants under on medical invalidation is legally valid and left it open to the government to revive the scheme. The Government had, thereupon, revived the scheme.

5. The petitioner, moved the respondents, by a representation, on 07.10.2018, for considering his application for appointment, on compassionate grounds. The petitioner then approached this Court, by way of the present Writ Petition, in September, 2020 for being appointed, under the scheme of medical invalidation, revived pursuant to the judgment of the Hon'ble Supreme Court, dated 12.08.2008.

6. The case of the petitioner is that the petitioner was entitled to be appointed, on compassionate grounds, on account of medical invalidation of his father in view of the scheme of appointment framed under the above government orders. He would submit that the initial rejection of his case, on the ground of invalidation of the said scheme, has to be set aside on account of the subsequent judgment of the Hon'ble Supreme Court. The petitioner would also contend that the petitioner and his entire family, after the retirement of his father had been living in starvation and that non consideration of the case of the petitioner for compassionate appointment would result in grave loss and hardship to the petitioner and his family.

7. The respondents had filed a counter affidavit in which it was contended that the petitioner was not entitled for compassionate appointment inview of the delay in approaching the Court. It was the contention of the respondent that the order of rejection passed on 14.12.2001 came to bechallenged only in the year 2020, after 19 years of