THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

ORDER:

This writ petition is filed for the following relief: “…to issue an appropriate order or direction more particularly a writ of Mandamus declaring the orders passed by the 3rd respondent vide proceedings C.No.1068/A1/2017-18 (D.O.No.523/2018), dated 16.04.2018 in rejecting the case of the petitioner for providing compassionate appointment on medical invalidation of his father without giving any valid reasons, even though the petitioner is eligible for such appointment and in spite the fact that the similarly situated persons were appointed, as illegal, arbitrary, unjust, improper, discrimination, contrary to the rules, violation of principles of natural justice and against the orders passed by the Hon’ble Supreme Court and set aside the orders passed by the 3rd respondent vide proceedings C.No.1068/A1/2017-18 (D.O.No.523/2018), dated 16.04.2018 by further directing the respondents to appoint the petitioner in any suitable post on compassionate grounds under medical invalidation scheme as per G.O.Ms.No.661, dated 23.10.2008 in the interest of justice and pass...”

2. Brief facts:

Petitioner Sri Shaik Ismail S/o Sri Sk.Chand, ASI (retd)

submitted an application dated 04-04-2005 for employment on compassionate grounds (on Medical Invalidation of his father). His father retired from service in December, 2001. District Collector (for short ‘DC’), Adilabad, by letter dated 09-05-2005 referred the matter to the office of Superintendent of Police (for short ‘SP’), for further action. Petitioner was appointed as Attender on contract basis for a period of one year on consolidated monthly remuneration of Rs.2,600/-. Appointment was purely temporary, liable to be terminated without prior notice, to lapse at the end of contract period. Petitioner reported for duty on 25-11-2005, (Ex.P6 Page No.24 of writ material papers).

3. G.O.Ms.No.246, General Administration (Service-G) Department, dated 30-05-2006 was issued withdrawing the scheme of providing contract appointment as Panchayat Secretaries and also to the posts in the last grade services. Services of petitioner stood discharged on 11-12-2006 in terms of the said G.O.

4. G.O.Ms.No.124 (Panchayat Raj and Rural Development) Department, dated 02-04-2008, was issued directing all District Collectors to reappoint all Panchayat Secretaries discharged from service. Petitioner submitted a representation dated 9-6-2008 to appoint him as Panchayat Secretary on contract basis in terms of the G.O.Ms.No.124, dated 02-04-2008. His case was considered and rejected.

5. The Hon’ble Apex Court in V.Sivamurthy’s case (Civil Appeal No.4210 of 2003) set aside the Full Bench judgment of Andhra Pradesh High Court and directed to revive the scheme of medical invalidation. G.O.Ms.No.661, dated 23.10.2008, was issued reviving the compassionate appointment scheme on medical invalidation.

6. Petitioner again submitted a representation to appoint him as Attender as per the judgment of the Apex Court in Civil Appeal No.4210 of 2003, dated 12-08-2008. His representation was forwarded to the DC, Adilabad. It was returned from the office of DC informing the office of SP that in terms of G.O.Ms.No.661, dated 23.10.2008, appointment on compassionate grounds under the scheme of medical invalidation shall be made in the same department of the applicant.

7. Petitioner filed an O.A.No.4507 of 2009 in the Hon'ble Andhra Pradesh Administrative Tribunal (for short ‘APAT’), APAT passed interim orders on 20.03.2009 to dispose of the representation of the applicant dated 26-11-2008. Accordingly, the DGP, A.P., Hyderabad vide Memo No.132/ME.3/2009, dated 22.10.2009, disposed the representation and rejected the request of petitioner on the ground that there are no specific orders of the Government regarding applicability of G.O.Ms.No.661, dated 23-10-2008 to old cases pending for compassionate appointment of the dependents of the employees retired on medical grounds.

8. The APAT disposed the