Point of law: In the case of appointment considering the social and economic justice as enshrined in the constitution, denials of deserving cases are liable to be set aside. Further, the purpose of providing compassionate ground to a son or daughter or a near relative of the deceased government servant is to render assistance to the family, which is found in indigenous circumstances. Hence, in considering the case for compassionate appointment, the authorities are supposed to adopt a humane outlook

ORDER :

This Writ Petition has been filed against the Memo No.SE/O/KDP/ADM/PO/CE/F36/D.No.3441/13 dated 20.11.2013 rejecting the request of the petitioner for compassionate appointment.

2. As per the averments made in the affidavit filed along with the writ petition, the brief facts of the case emerge as under :

(i) The father of the petitioner Sri K. David Nelson died in harness while working as Junior Lineman in A.P. Transco, Yerraguntla, Kadapa District on 05.10.2002. The mother of the petitioner late Smt. Deevanamma predeceased his father on 03.10.2001. At the time of the death of his father, the petitioner was aged 6 years and he became orphan due to death of his parents. Smt. K.C. Mary Grace Hellen, who is the aunt of the petitioner, was appointed as guardian vide orders, dated 08.01.2004 in G.O.P.No.360 of 2003 on the file of the I Additional District Judge, Kadapa. She made an application to the 2nd respondent on 05.03.2003 seeking appointment for the petitioner on compassionate grounds, as the petitioner was not eligible for employment at that time. After he attained the age of majority and passed Intermediate, she made another representation on 14.11.2013 reminding the respondents to provide employment to the petitioner on compassionate grounds.

(ii) The 2nd respondent issued Memo. No.SE/O/KDP/ ADM/PO/CE/F36/D.No.3441/13, dated 20.11.2013 rejecting the claim for compassionate appointment on the ground that a minor child of a deceased employee is allowed a maximum time of two years from the date of death of the deceased employee to become eligible for employment under compassionate ground as per Bd’s Memo No.DP/DM II/G1/983/89, dated 21.02.1991. As per the procedure provided under B.P.Rt.No.36, dated 08.05.1996 of the A.P. State Electricity Board, the Member Secretary of the Board is competent to relax the age in respect of minor children and the 2nd respondent ought to have referred the case of the petitioner to the Member Secretary of the Board for consideration under the category of “hard and deserving cases”. The case of the petitioner was rejected by the 2nd respondent without referring it to the 1st respondent, who is the successor to the then Andhra Pradesh State Electricity Board. Aggrieved by the same, the present writ petition is filed.

3. A counter affidavit has been filed by the respondents. In the counter affidavit it was admitted that the father of the petitioner was expired on 05.10.2002 while in service and by the date of his death, he was survived with a son i.e., the petitioner herein, who was aged 6 years. But, the contention of the petitioner that his aunt made an application to the 2nd respondent for compassionate grounds on 05.03.2003 is denied by the respondents stating that she made a representation, dated 14.11.2013 only to the 2nd respondent requesting to provide employment to the petitioner.

It was averred in the counter affidavit that the case of the petitioner has been referred to the Corporate Office of APSPDCL vide Lr.No.661/2016, dated 09.03.2016 for examination. The Corporate Office, Tirupati after examination of the case has communicated vide Memo No.405/2016, dated 28.04.2016 holding that the reply issued by the 2nd respondent on 20.11.2013 holds good and as such, the management has exercised its powers vested as per B.P.Rt.No.36, dated 08.05.1996.

4. Heard Sri C. Raghu, learned counsel for the petitioner and Sri Y. Nagi Reddy, learned Standing Counsel appearing for the respondents and perused the material available on record.

5. The learned counsel for the petitioner submits that as per the procedure provided in B.P.Rt.No.36, dated 08.05.1996, the Member Secretary of the Board was delegated powers to give relaxation to some “hard cases” in the conditions relating to the age for enter into Last Grade Service to consider the cases of the minor children of the deceased employees. As on the date of the death of the father of the petitioner, the petitioner was aged 6 years. The guardian of the