2025:APHC:2151 APHC010417592014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19572 OF 2014 Between:

N.Ramesh Mouli …Petitioner AND The Government of Andhra Pradesh Rep. by its Principal Secretary For Endowments A.P. Secrtariat, Hyderabad and two others. …Respondents Counsel for the Petitioner: Sri Ch.Srinivas Counsel for the Respondents: Ld. Govt. Pleader for Endowments Sri A.Sreekanth Reddy Ld. Standing Counsel for Endowments.

The Court made the following order:

1. The petitioner is challenging the action of the respondents in appointing the petitioner as an Attender, though he is eligible and qualified to be appointed as a Junior Assistant/ Record Assistant and seeks modification of the proceedings dt.19.06.2014 to the extent of appointing the petitioner as a Junior Assistant.

2. The father of the petitioner was working as a Record Assistant in the third respondent temple and he died while in service on 24.02.2010.

The petitioner passed S.S.C. in the year 2007 and passed the Senior Secondary School Examination in 2010 from the National Institute of Open Schooling. The petitioner made an application for appointment under compassionate terms, and during the pendency of the said application, the petitioner had passed the intermediate examination. The petitioner brought the same to the notice of the respondents and requested consideration of his case for appointment as a Junior Assistant/ Record Assistant. As the respondents were not passing any orders on his application, the petitioner filed W.P. No.5744 of 2014, which was allowed on 24.04.2014 by this Court and in pursuance of the orders of this Court, the third respondent issued proceedings dt.19.06.2014 appointing the petitioner as an Attender temporarily on a regular time scale. It is submitted that the respondents ought to have appointed the petitioner as a Junior Assistant or Record Assistant in the existing vacancy. It is also submitted that in similar circumstances one Smt. Ch.Komati was appointed as a Junior Assistant by creating supernumerary post and appointed Sri B.Chandra Sekhar as a Junior Assistant under compassionate terms and one Sri Karthik was also appointed as Record Assistant. It is submitted that when there were existing vacancies of the posts of Junior Assistant and Record Assistant, the third respondent has chosen to appoint the petitioner as an attender though he was eligible for appointment as Junior Assistant or Record Assistant.

3. The respondents in the counter submitted that the petitioner acquired qualification in the year 2010, soon after his father passed away and acquired intermediate qualification in the year 2012 and the same was not brought to the notice of the respondents. It is also submitted that the application of the petitioner would only be processed and considered based on the qualification of the petitioner. It is also submitted by the learned standing counsel that compassionate appointments are only made to safeguard the family interest of the deceased employee and to provide livelihood. In the present case, the grievance of the petitioner has been adequately addressed and that he has been appointed as an Attender. It is also submitted that there was no vacancy of the post of Junior Assistant at that point of time.

4. Considering the submission of the learned counsel for the parties and the learned standing counsel for the respondents, the case of the petitioner for appointment under compassionate terms were taken up by the respondents only after a direction from this Court in W.P. No.5744 of 2012. In pursuance of the direction of this Court, the third respondent had issued the proceedings dated 19.06.2014 by appointing the petitioner as an Attender. At any rate, he petitioner had acquired the intermediate qualification while an application for compassionate appointment was