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2013 DIGILAW 739 (AP)

S. Zinni Farahat v. Government of Andhra Pradesh

2013-09-10

L.NARASIMHA REDDY, S.V.BHATT

body2013
Judgment : L. Narasimha Reddy, J. The father of the petitioner was working as Upper Division Clerk in the then Kurnool Municipality. He died on 13-01-1992, while in service. The mother of the petitioner is said to have submitted an application to provide employment on compassionate grounds. Almost for more than one and half decade, no steps were taken and in the meanwhile, the Municipality was upgraded as Municipal Corporation. It is stated that on 15-07-2008, the Corporation appointed the mother of the petitioner as Ayah. Even that order was cancelled on the same day by stating certain reasons. 2. It is stated that the mother of the petitioner died in February, 2009. The petitioner submitted a representation dated 04-05-2009 to the Anantapur Municipal Corporation, the 4th respondent, with a request to provide employment to her on compassionate grounds. The same was rejected through the proceedings dated 11-11-2009. Challenging the same, the petitioner filed O.A. No.2556 of 2010 before the A.P. Administrative Tribunal, Hyderabad. The Tribunal dismissed the same through the order dated 26-11-2012. Hence, this writ petition. 3. Heard Sri N. Aswartha Narayana, learned counsel for the petitioner, learned Government Pleader for Services – I for the 1st respondent, learned Government Pleader for Municipal Administration and Urban Development for respondents 2 and 3, and Sri T. Bheemanna, learned Standing Counsel for Municipal Corporation of Anantapur District for the 4th respondent. 4. The facility of providing compassionate appointment, which took its birth in a judicial pronouncements, has grown beyond imaginable proportions, over the years and in certain organizations, it now happens to be the only method of appointment, even while the ban on regular appointment continues. The concept has also acquired several ramifications, which were not even in the contemplation of the Court, which first evolved it. 5. The father of the petitioner was working as Upper Division Clerk in Kurnool Municipality and he died in the year 1992. If at all, there existed the facility of providing employment on compassionate grounds to the dependents of a deceased employee, it ought to have been in the same local body viz., Kurnool Municipality itself. Fifteen years after the death of the father of the petitioner, her mother came to be appointed by the 4th respondent as Ayah. If at all, there existed the facility of providing employment on compassionate grounds to the dependents of a deceased employee, it ought to have been in the same local body viz., Kurnool Municipality itself. Fifteen years after the death of the father of the petitioner, her mother came to be appointed by the 4th respondent as Ayah. Obviously, realising the fact that the post of Ayah is not part of the cadre of the Municipal Corporation and that the obligation, if at all to provide compassionate appointment, was that of the Kurnool Municipality or its successor, the order of appointment was cancelled on the same date. The mother of the petitioner died on 08-02-2009, and shortly thereafter, the petitioner submitted an application for providing compassionate appointment. 6. When the 4th respondent did not owe any obligation to the mother of the petitioner to provide employment, it is just un-understandable as to what right the petitioner had acquired vis-à-vis that establishment. The question of the petitioner seeking any compassionate appointment on account of the death of her mother does not arise, in as much as she was not an employee, much less, a regular employee of the 4th respondent. The question of the 4th respondent shouldering the responsibility to provide employment on compassionate grounds does not arise, under these circumstances. 7. Even where the scheme exists, it is only when an application is filed within one year from the date of death and subject to availability of vacancies. Another contingency is that the family must be under penury, on account of the death of the employee. In case, substantial amount is extended towards provident fund or family pension, it is difficult to imagine that the family is in penury. A time has come when an objective approach is adopted to the concept of compassionate appointment, in view of the phenomenal unemployment of the highly qualified persons. The Tribunal has taken correct view of the matter and we are not inclined to interfere with the same. 8. The Writ Petition is, accordingly, dismissed. The Miscellaneous Petitions filed in this writ petition shall stand disposed of. There shall be no order as to costs.