THE HON’BLE SRI JUSTICE K.SURESH REDDY WRIT PETITION No.31020 of 2014
['M BHAGYASRI', 'GP', '', 'GP', 'P ANAND SESHU SC', 'METTA CHENDRA SEKHAR RAO']
ORDER:
Heard learned counsels on both sides.
2. Originally the petitioner filed the present writ petition seeking his appointment on compassionate grounds for the death of his mother, who died in harness.
3. Brief facts of the case :
The mother of the petitioner while working as Office Sub-ordinate in the respondent-company has suffered with Cancer disease and underwent treatment at various hospitals. On the advice of doctors, the mother of the petitioner made an application, dated 14.12.2011 before the 3rd respondent herein seeking her retirement on medical invalidation. Thereafter, the 3rd respondent, vide letter, dated 19.01.2012 referred the matter to the District Co-ordinator of Hospital Services and Medical Board, West Godavari District, with a request to examine her and issue a report on her health condition. While the things stood thus, the mother of the petitioner died on 07.02.2012 while in service. Thereafter, the petitioner by letter, dated 30.04.2012 informed the respondents about her death and also requested to appoint him as Junior Assistant on compassionate grounds.
4. Thereafter, the 3rd respondent vide, letter dated
20.06.2012 submitted proposals along with the relevant documents. Subsequently, the 4th respondent, vide letter dated
same, the petitioner filed the present writ petition.
5. On the other hand, a counter-affidavit has been filed by the respondents opposing the appointment of the petitioner on the grounds mentioned in the impugned order.
6. Learned counsel for the petitioner submits that a scheme of appointment under compassionate ground is meant to extend compassion to the deceased employees, who died in harness. It is also submitted by him that one K.Srinivasa Reddy was appointed on compassionate grounds vide G.O.Rt.No.655, dated 30.4.2010 duly relaxing the upper age limit. In such circumstances, the petitioner is also seeking similar relief on par with one K.Srinivasa Reddy, whose case was considered by relaxing the age as per the above G.O., 7. During the pendency of the said writ petition, the petitioner also expired and petitioners 2 to 4 i..e, being the wife and two minor children, who are the Legal Representatives of the deceased petitioner were brought on record, vide orders of this Court, dated 06.04.2021 in I.A.No.1 of 2021 to prosecute the present writ petition.
8. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread-earner in the family. Such appointment should, therefore, be provided immediately to redeem the family in distress. Therefore, taking into consideration of the aspect that a scheme of appointment on compassionate ground is meant to extend compassion to the deceased employees, the case of the 2nd petitioner being the wife of the deceased 1st petitioner may be considered for appointment on compassionate grounds.
9. In that view of the matter, the 2nd petitioner is directed to make an application to the 3rd respondent within two (02) months from the date of receipt of a copy of the order. On such application being made, the respondents are directed to consider the same and pass appropriate orders in accordance with law within a period of three (03) months thereafter and communicate the same to the petitioners. No costs.
10. With the above directions, the writ petition is disposed of.
As a sequel, the miscellaneous applications, if any pending, shall stand closed.
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SRI K.SURESH REDDY,J
18th January,2022.
RPD HON’BLE SRI JUSTICE K. SURESH REDDY Writ Petition No.31020 of 2014 Dated: 18.01.2022