THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION Nos.39097, 39134 and 39154 of 2018, 20108, 20136, 20137 and 16346 of 2019

COMMON ORDER:

In view of the commonality of the issue and grievance, these Writ Petitions are analogously heard and taken up for disposal by way of this common order. For discussion, the facts in W.P.No.39097 of 2018 are taken as reference.

2. Petitioner is the son of late Sri K.Solomonraj, who worked as a Record Assistant in an aided post at Bishop Solomon Junior College, Karimnagar. He was later redeployed to Government Junior College, Karimnagar, where he died in service on 14.02.2016. The petitioner applied for compassionate appointment on 24.03.2016 to 4^th respondent, who forwarded the request to 3^rd respondent on 13.04.2016, and it was subsequently sent to 2^nd respondent on 10.06.2016. However, based on Circular Memo dated 04.12.2013 and G.O.Ms.No.35, Higher Education (CE-II-1) Department, dated 23.07.2006, the 2nd respondent rejected the request stating that compassionate appointments apply only to dependents of regular Government employees, and not those from aided institutions. Aggrieved by the same, petitioner filed W.P.No.8995 of 2018 and this Court, vide order dated 20.03.2018, directed the 2^nd respondent to reconsider the case within 8 weeks. However, the 2^nd respondent again rejected the claim without properly examining the applicable rules. Hence, this writ petition.

3. Heard Sri K. Rama Subba Rao, learned counsel for petitioner and Smt Annapurna, learned Assistant Government Pleader for Services-I for respondents.

4. Learned Assistant Government Pleader for Services-I submits that there is a general ban on filling vacant aided posts by Direct Recruitment, as per G.O.Ms.No.35, Higher Education [CE.II-1] Department, dated 27.03.2006. The scheme of compassionate appointments was adopted for Private Aided Junior Colleges, but such appointments cannot be made in Government Departments. As per the said G.O., vacancies in aided institutions cannot be filled under the Direct Recruitment quota, except for SC/ST backlog vacancies. It is also submitted that any instructions or G.O.s issued by departments other than the General Administration Department are considered repugnant, as clarified in Circular Memo dated 04.12.2013. Therefore, in view of the ban in aided colleges, the petitioner is not eligible for appointment on compassionate grounds.

5. Learned counsel for the petitioner filed a reply affidavit stating that the Government issued G.O.Ms.No.35, dated 27.03.2006, which imposes a ban on filling vacant aided posts in private aided institutions, including compassionate appointments. He further stated that the State Departments, namely School Education, Higher Education, and Collegiate Education, are making compassionate appointments in aided institutions, except for the Intermediate Education Department, which relies on G.O.Ms.No.35. Notably, even the Collegiate Education Department is making compassionate appointments in cases of the death of employees working in aided posts. Therefore, denying compassionate appointments to the children of deceased employees of aided institutions under the pretext of this G.O. is discriminatory. He further argued that employees of aided institutions should not be singled out and denied compassionate appointments while employees of other State Departments receive these benefits. The oversight regarding appointments made by the Collegiate Education Department is a sufficient reason to allow the writ petition.

6. A perusal of the record shows that the petitioner sought for compassionate appointment based on his father’s demise. Admittedly, the respondents relied on G.O.Ms.No.35, dated 27.03.2006, and Circular Memo dated 04.12.2013, which impose a clear ban on filling vacant aided posts through direct recruitment, except for SC/ST backlog vacancies. The scheme of compassionate appointments applies only to dependents of regular Government employees, not to aided