K. BRAHMAIAH Vs. THE COMMISSIONER, ENDOWMENT DEPARTMENT, GOVERNMENT OF A.P., BOGGULAKUNTA, HYDERABAD AND ANOTHER

JUDGEMENT

(1.) UNDAUNTED by yet another rejection, the fourth no less, the petitioner is again before this Court seeking compassionate appointment as a Junior Assistant in Sri Bramaramba Mallikarjuna Swamy Varla Devasthanam, Srisailam, the 2nd respondent. He challenges the proceedings dated 19.12.2011 of the Commissioner, Endowments Department, Andhra Pradesh (for short, 'the Commissioner') rejecting his claim and seeks a consequential declaration that he is eligible to be considered for compassionate appointment under G.O.Ms. No. 1357, Revenue (Endowments. I) Department, dated 18.7.2011. The petitioner's father rendered service in the 2nd respondent temple for nearly 30 years. He died in harness on 9.6.2009. He is survived by his widow, four sons and a daughter. The petitioner is his third son. The first and second sons are said to have separated from the family during the father's lifetime and are presently working as contract carpenters in the service of the 2nd respondent temple. They were so employed even during the father's lifetime. The daughter is married and lives separately with her husband. The petitioner claims that at the time of the father's death only he, his mother and his younger brother were dependent on him. The petitioner belongs to BC -B community.

(2.) ACTING upon the request made by the petitioner's mother to provide him appointment on compassionate grounds, the Executive Officer of the 2nd respondent temple recommended his case for compassionate appointment as a Junior Assistant in an existing vacancy, under letter dated 13.9.2009 addressed to the Commissioner. The Commissioner however rejected the proposal on the ground that two other sons of the deceased employee were already working in the temple.

(3.) CHALLENGING the said rejection, the petitioner moved WPMP No. 29525 of 2010 in the pending writ petition, W.P. No. 14422 of 2010, once again reiterating his claim for appointment as a Junior Assistant on compassionate grounds. The petitioner also relied upon various instances of compassionate appointments made in the 2nd respondent temple between the years 2003 and 2009, with the approval of the Commissioner.