COMMISSIONER OF PANCHAYAT RAJ Vs. MYNENI MANGAMMA

JUDGEMENT

(1.) The husband of the first Respondent, by name, M. Venkateswarlu, died on 21.04.1994 while working as NMR Attender in the office of the third Respondent herein. She made an application seeking to extend all the benefits available to her husband as per G.O.Ms. No. 212, dated 22.04.1994, but the same was not considered by the Petitioners. She filed OANo.4119 of 1997 before the Andhra Pradesh Administrative Tribunal, Hyderabad (for short 'the Tribunal') and the same was allowed on 11.09.2003 directing the Petitioners and Respondent Nos. 2 and 3 to regularize the services of her husband from the date he became eligible and to sanction the benefits to which her husband is entitled to, like GPF, Gratuity, GLI Scheme etc., including compassionate appointment, as per the rules. In compliance of the same, the first Petitioner issued a memo, dated 05.01.2005, rejecting her case for compassionate appointment on the ground that her husband passed 6th Class and he is not eligible to hold the post of Attender as per the Service Rules, which require a pass in 7th Class and as such, his services were not regularized. Aggrieved by the same, the first Respondent filed O.A. No. 1058 of 2005 before the Tribunal and the same was allowed on 05.10.2009 directing the Petitioners and Respondent Nos.2 and 3 to re-examine and consider the case of her husband for regularization in any other category based on his educational qualifications considering the unfortunate event of his death the day prior to the date of issuance of G.O.Ms. No. 212, dated 22.04.1994, as he fulfilled the period of 5 years of service by the cutoff date as stipulated in the said G.O. It also directed them to consider her case for appointment on compassionate grounds in any suitable post as per her qualification and pass appropriate orders as per G.O.Ms. No. 118, dated 18.08.1999. Aggrieved by the same, the Petitioners filed the present writ petition.

(2.) Heard the learned Government Pleader for Services-II and perused the material on record.

(3.) As per G.O.Ms. No. 212, dated 22.04.1994, the services of the persons, who were appointed on Daily Wage/NMR or on consolidated pay, worked continuously for a minimum period of 5 years, and are continuing on 25.11.1993, be regularized by the appointing authorities subject to certain conditions. In the instant case, the husband of the first Respondent was in service till the date of his death i.e., 21.04.1994, without any break. Since the husband of the first Respondent was in service as on the cutoff date i.e., 25.11.1993 and he died one day prior to the issuance of the said G.O., his services be regularized in the last grade service.