HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.34678 OF 2022

ORDER:

Heard Sri Rapolu Bhaskar, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy appearing on behalf of the respondent No.1 and Sri N.Sreedhar Reddy, learned standing counsel appearing on behalf of the respondents Nos.2 to 4.

2. The petitioner approached the Court seeking prayer as under:

“…to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 2 in issuing the impugned notice and rejecting the application of the Petitioner under the compassionate ground and non-initiating to appoint the Petitioner on the death of his father is highly illegal, arbitrary, unconstitutional and violation of Articles 14, 15 and 21 and also violation of Natural Justice and consequently direct the Respondent No 2 to appoint the Petitioner as an employee under the compassionate ground on the death of his father by treating the original adoption deed dated 18/02/2014 and pass…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner was adopted by one G.Sunder (hereinafter referred as petitioner’s father) through unregistered adoption deed dated 18.02.2014, later on petitioner’s father came to know that registering the adoption deed is mandatory for all the future purposes, hence the petitioner’s father once again executed the adoption deed in 2016 and registered the same on

30.07.2016.

It is further the case of the petitioner that the petitioner’s father expired on 16.10.2019, while in service, due to ill health. Thereafter the petitioner made a representation to the respondent nos. 3&4 seeking employment under the compassionate grounds and the said representation was forwarded to the 2^nd respondent by the respondent nos. 3&4. But shockingly, the 2^nd respondent rejected the compassionate appointment on the ground that the adoption of petitioner by the petitioner’s father had not happened 5 years prior to the demise of the petitioner’s father. Aggrieved by the same, the petitioner preferred the present writ petition.

4. PERUSED THE RECORD.

A. The order impugned Memo.No.COM(HRD)/ GM/ I R.Lgl&Adm/ AS(Per&Ser)/ PO-

H/ 15-H1/ 2021, dated 30.06.2022 passed by the Chief General Manager(HRD) is extracted hereunder:-

The attention of the Superintending Engineer/Operation Circle/ Mahabubnagar is invited to the 3rd reference cited, wherein, a representation with a request for providing the job under compassionate grounds in respect of Sri Gollapally Prasad. Adopted S/o. Late G. Sunder, Ex-Tester Gr-1/LT Lab M&P/DO/Mahabubnagar, (expired on

16.10.2019) has been received.

2. In this case, providing employment is not considered as per Board's Memo No. DP/DM(RNT)/PO/G1/5042/94, dt.25.10.1994, the benefit of employment to the adopted children was extended with a condition that "the adoption should have taken place legally at least five years prior to the date of demise of the board employee", and the same was directed to inform to the applicant vide reference 2nd cited.

3..: The applicant has requested to consider his request of providing the job quoting 3 No. G.Os i) G.O Ms. No.300, 1 & CAD (Ser-V) Department, dt:09.12.2009, the job has been considered after obtaining the declaration from the Hon'ble Court of Law. The applicant has completed more than 5 years of adoption to request the job.

ii) G.O Rt. No.888, T,R&B (Ser-IV) Department, dt:24.07.2009, the individual Sri D. Sastry, adopted S/o. Late Sri D. Immaneul has been provided with Junior Assistant in the office of Regional Transport Office on Compassionate grounds duly condoning the shortfall of the adoption period of One month and eighteen days only.

iii) G.O.Rt.No. 1387, dt:20.11.2019 Sri V. Ravi Kumar, adopted son of Late Smt. V. Mariyamma Village Revenue Assistant, has been considered for providing the em