AR. LAKSHMANAN, C. J. ( 1 ) HEARD Mr. Y. Sudhakar, learned counsel for the petitioner and Smt. M. Bhaskar lakshmi, learned Standing Counsel for high Court of Andhra Pradesh and perused all the material papers. ( 2 ) THE petitioner is a Process Server in senior Civil Judge s Court, Amalapuram. He submitted an application on 28-1-2000 seeking permission to retire from service on medical invalidation and to provide employment to his son on compassionate grounds. The individual was referred to medical Board, Kakinada on 5-2-2000 by the district Court directing the appellant to appear before the Medical Board. The superintendent, Government Hospital, kakinada submitted Medical Invalidation certificate dated 30-3-2000. Later, the petitioner s case was referred to the District level Committee for scrutiny and for onward transmission to this Court. The member Convenor (I Additional District judge), District Level Committee convened the meeting on 22-7-2000. In the said meeting, the District Medical and Health officer examined the petitioner and agreed with the report of the Medical Board. Therefore, the Committee recommended for permission to the petitioner to retire from service on medical invalidation and for giving him employment opportunity to the eligible candidate from his family. The district Judge, East Godavari District by proceedings dated 7-8-2000 submitted the application of the petitioner to this Court requesting this Court to approve the action of the District Level Committee and issue necessary orders in the matter. The case of the petitioner was placed before the A. P. Judicial Ministerial Service Committee on 2-3-2001. In the said meeting several applications including the application of the petitioner, received from the staff seeking appointment for their kith and kin under medical Invalidation Scheme as per g. O. Ms. No. 309 G. A. (Ser. A) Department, dated 4-7-1985 were considered at length and resolved not to extend the benefit under the scheme to the Judicial employees as a matter of course. It was also resolved that in exceptional cases where hardship is noticed, the District Unit Head is to be directed to examine individual case on its merits and send proposals to the High Court for consideration. It was also resolved that in exceptional cases where hardship is noticed, the District Unit Head is to be directed to examine individual case on its merits and send proposals to the High Court for consideration. It was further resolved that with regard to the applications pending with the High Court relating to various districts, the respective Unit Heads could be asked to examine the claim of each applicant afresh and independently and send recommendations in such cases where hardship is noticed, for taking further action by the High Court and the Registry was directed to take steps for sending the applications to Unit Heads accordingly. Thereafter, this Court has issued a Circular in Roc. No. 1117/2000-C. U/6, dated 14-3-2001 directing all the Unit Heads to strictly follow the instructions given in the circular while examining the claims of the applicants for compassionate appointments to their dependents under Medical invalidation Scheme as per High Court s circular Roc. No. 1808/97-C. I/2, dated 9-8-1999 and 24-8-1999 and send the proposals together with the recommendations of the Unit Head in such cases where hardship is noticed for taking further action in the matter by the High court. In view of the above decision of High court, the application of the petitioner was sent back by the High Court together with the enclosures by proceeding dated 17-3-2001 to the District Judge, East godavari District requesting him to examine the claim of the petitioner afresh and independently and send the recommendations in the case, if hardship is noticed, to the Registry for taking further action. Pursuant to the same, the 2nd respondent referred the case of the petitioner to Medical Board to examine the case afresh for issue of necessary certificate. The Superintendent, Government Hospital, kakinada submitted the opinion in letter dis. No. 2902/g1/2001, dated 30-8-2001. Thereafter, a meeting of the District Level committee was convened on 3-11-2001. In the said meeting the petitioner was examined by the District Medical and health Officer, Kakinada and gave a certificate that the petitioner is normal. The district Level Committee considered the request of the petitioner on the report of the medical and Health Officer of Kakinada and a Medical Certificate issued by the Medical board, Govt. In the said meeting the petitioner was examined by the District Medical and health Officer, Kakinada and gave a certificate that the petitioner is normal. The district Level Committee considered the request of the petitioner on the report of the medical and Health Officer of Kakinada and a Medical Certificate issued by the Medical board, Govt. General Hospital, Kakinada and rejected the request of the petitioner on 3-11-2001 informing the petitioner that his application for retirement from service on medical Invalidation is rejected and the petitioner was directed to join the duty forthwith without any further delay by cancelling the leave which he has applied. ( 3 ) THE case of the petitioner was rejected basing on the recommendation of the district Level Committee which has decided taking the medical opinion into consideration. It is submitted by the learned standing Counsel for High Court that the impugned proceedings issued are in accordance with the Circular dated 14-3-2001 issued by this Court and directions issued by the High Court in this regard. ( 4 ) IT is also pertinent to notice with regard to the request for compassionate appointment on medical invalidation grounds that a Full Bench of this Court allowed Writ Petition No. 13489/2000 and batch filed by the Government by judgment dated 12-10-2001 holding that the appointment on compassionate grounds on medical Invalidation does not satisfy the requirements of Article 16 of the constitution of India and any policy decision taken by the State is unconstitutional. The same was relied upon by another Full Bench of this Court in Writ petition No. 8872 of 2001 in its Judgment dated 9-11-2001 filed by one P. Srinivasulu seeking appointment on compassionate grounds as his father retired as Amin in A. P. Judicial Ministerial Services on the ground of medical invalidation. After the judgment of the Full Bench dated 12-10-2001, this Court has issued a Circular Roc. No. 1117/2000/c. I/6, dated 31-12-2001 directing all the Unit Heads not to forward the proposals of the employees of their units for retirement on medical invalidation grounds and for appointment to their dependents on compassionate grounds. The said Circular dated 31-12-2001 is reproduced hereunder:"high COURT OF ANDHRA PRADESH: hyderabad roc. No. 1117/2000/c. I/6, dated 31-12-2001 directing all the Unit Heads not to forward the proposals of the employees of their units for retirement on medical invalidation grounds and for appointment to their dependents on compassionate grounds. The said Circular dated 31-12-2001 is reproduced hereunder:"high COURT OF ANDHRA PRADESH: hyderabad roc. No. 1117/2000-C. I (6) Dated 31-12-2001 circular sub: Public Services APJMS/ apgss/algs- Proposals of the employees of the Subordinate Courts for retirement on medical invalidation grounds and for appointment to their dependents on compassionate grounds-Instructions issued. Ref:- High Court s Full Bench judgment dt. 12-10-2001 in W. P. No. 13489/2000 and batch. Having regard to the law laid down in the Full Bench decision dated 12-10-2001 in W. P. No. 13489/2000 and batch, on the file of the High Court of a. P. , the High Court hereby directs all the Unit Heads not to forward the proposals of the employees of their unit for retirement on medical invalidation grounds and for appointment to their dependents on compassionate grounds. Receipt of the circular may please be acknowledged. Registrar (Admn.)" ( 5 ) IT is further seen that in view of the Full bench decision of this Court, dt. 12-10-2001, the Government issued orders in g. O. Ms. No. 202, General Administration (Ser. A) Department, dated 27-4-2002 and g. O. Ms. No. 203, General Administration (Ser. A) Department, dated 27-4-2002 dispensing with the scheme of the compassionate appointment on medical invalidation grounds, which read as follows: "government OF ANDHRA pradesh abstract public SERVICES - Subordinate services - Compassionate appointment of Son/daughter/ spouse of the Government employees who retire on Medical Invalidation scheme dispensed with - Orders - issued. GENERAL ADMINISTRATION (SER. A) department g. O. Ms. No. 202 Dated 27-4-2002 read the following: (1) G. O. Ms. No. 504, G. A. (Ser. A) Dept. Dt. 30-7-1980 (2) G. O. Ms. No. 309, G. A. (Ser. A) Dept. Dt. 4-7-1985 (3) G. O. Ms. No. 214, G. A. (Ser. A) Dept. Dt. 9-6-1998 order: whereas in the G. Os. first, second and third read above, Government issued orders for appointment of a son/daughter/spouse of the government Employees who retire from service on Medical Invalidation under Article 441 of the Andhra pradesh Pension Code (Volume. A) Dept. Dt. 4-7-1985 (3) G. O. Ms. No. 214, G. A. (Ser. A) Dept. Dt. 9-6-1998 order: whereas in the G. Os. first, second and third read above, Government issued orders for appointment of a son/daughter/spouse of the government Employees who retire from service on Medical Invalidation under Article 441 of the Andhra pradesh Pension Code (Volume. I) subject to certain conditions specified therein, including a restriction that this benefit would be applicable to only those Government employees who retire on medical invalidation 5 (five) years before the employees attain the age of superannuation. 2. And whereas the High Court of andhra Pradesh in W. P. No. 13489/ 2000 and batch in its judgment dated: 12-10-2001, held that the scheme of compassionate appointment to dependents of Government employees who retire on medical invalidation is unconstitutional and violative of article 16 of Constitution of India. 3. And whereas, after careful examination of this judgment of the high Court of Andhra Pradesh, the government have decided to dispense with the scheme of compassionate appointment to dependents of government Employees who retire on medical Invalidation as the same is violative of the Article 16 of constitution of India. 4. Accordingly, the orders issued in the g. Os. First, second, and third read above are hereby cancelled. Consequently, the orders/instructions issued from time to time on the scheme of compassionate appointment to dependents of Government employees who retire on Medical Invalidation, shall be deemed to have been cancelled. (BY ORDER AND IN THE NAME OF THE governor OF ANDHRA PRADESH) p. V. Rao chief Secretary to government"government OF ANDHRA pradesh abstract public SERVICES - Subordinate services - Compassionate appointment of Son/daughter/ spouse of the Government employees who retire on Medical Invalidation scheme dispensed with - Further orders - Issued. GENERAL ADMINISTRATION (SER. A) department g. O. Ms. No. 203 Dated 27-4-2002 read the following: (1) G. O. Ms. No. 504, G. A. (Ser. A) Dept. Dt. 30-7-1980 (2) G. O. Ms. No. 309, G. A. (Ser. A) Dept. Dt. 4-7-1985 (3) G. O. Ms. No. 214, G. A. (Ser. A) Dept. Dt 9-6-1998 (4) G. O. Ms. No. 202, G. A. (Ser. A) Dept. Dt. 27-4-2002. No. 203 Dated 27-4-2002 read the following: (1) G. O. Ms. No. 504, G. A. (Ser. A) Dept. Dt. 30-7-1980 (2) G. O. Ms. No. 309, G. A. (Ser. A) Dept. Dt. 4-7-1985 (3) G. O. Ms. No. 214, G. A. (Ser. A) Dept. Dt 9-6-1998 (4) G. O. Ms. No. 202, G. A. (Ser. A) Dept. Dt. 27-4-2002. ORDER: in the G. O. fourth red above, orders were issued cancelling the Scheme of Compassionate appointment to the dependenf of government Employees who retire on medical Invalidation, as a consequence to the judgment dated: 12-10-2001 of the High Court of Andhra Pradesh in w. P. No. 13489/2000 and batch. 2. The following further orders are issued in this regard: (i) The scheme of Compassionate appointment to the dependents of government employees who retire on Medical Invalidation is in force since a long time. The appointments already so far made shall be allowed to stand as it is. (ii) Appointments not so far made shall be stopped while allowing the retirement on Medical Invalidation treating such retirement as if made under Rule 37 of the Andhra pradesh Revised Pension Rules, 1980. (iii) Pursuant to agreement entered into with the Employees Associations on 23rd April, 2001 on liberalization of the Medical Invalidation Scheme, certain relaxations were made to consider compassionate appointments. By this time, if any appointments were made, they may be continued. (iv) Pursuant to the agreement with the joint Action Committee of employees on 24th March, 2002, on medical Invalidation Scheme, in respect of the cases where the employees have taken retirement on Medical Invalidation, but appointments were not made to the dependents due to administrative delay by 12th October, 2001 i. e. , the date of the judgment of the High court of Andhra Pradesh, wherein the Scheme of Compassionate appointment in Medical invalidation cases is held unconstitutional, the legality of providing employment under medical Invalidation Scheme will be examined separately and orders thereon will be issued separately. (v) The Finance Department who are administratively concerned with the Andhra Pradesh Revised pension Rules, 1980, which was issued earlier in G. O. Ms. No. 35, finance and Planning (Fin. Pen. I) department, dated: 10-4-2000, suitably in due course. (vi) Any cases of retirement on medical invalidation, henceforth, shall be dealt under the relevant provisions of Andhra Pradesh Revised Pension rules, 1980 only. No. 35, finance and Planning (Fin. Pen. I) department, dated: 10-4-2000, suitably in due course. (vi) Any cases of retirement on medical invalidation, henceforth, shall be dealt under the relevant provisions of Andhra Pradesh Revised Pension rules, 1980 only. (BY ORDER AND IN THE NAME OF THE governor OF ANDHRA PRADESH) p. V. Rao chief Secretary to government. " ( 6 ) IN view of the dispensing with the scheme of the compassionate appointment on medical invalidation grounds and on the basis of the judgment of the Full Bench of this Court dated: 12-10-2001 and other judgment referred to supra in this judgment, we are of the opinion that the writ petitioner is not entitled for any relief for compassionate appointment on medical invalidation grounds. The Writ Petition has no merits and is accordingly dismissed. No costs.