GOVERNMENT OF ANDHRA PRADESH Vs. SHAIK ISMAIL

JUDGEMENT

(1.) The petitioners seek for a Writ of Certiorari to quash the orders of the Andhra Pradesh Administrative Tribunal (The Tribunal, for short) in O.A. No. 4507 of 2009, dated 29.01.2010. The first respondent, who is an unemployed person, filed O.A.No. 4507 of 2009 questioning the propriety of petitioners 2 to 4 herein in not appointing him to a post under the medical invalidation scheme. The father of the first respondent, by name Shaik Chand, was working as Assistant Sub-Inspector of Police, District Crime Branch, Adilabad. On account of health grounds, he decided to retire on medical invalidation. Upon his application, he was directed to appear before the Medical Board. The Medical Board considered that the father of the first respondent herein was medically unfit. He was, consequently, permitted to retire from service. The father of the first respondent accordingly retired from service in December, 2001 on the ground of medical invalidation.

(2.) The first respondent, who is the eldest son of his father-Shaik Chand, was entitled to be appointed on compassionate grounds. The first respondent applied to the departmental authorities for appointment on compassionate grounds taking the stand that his father retired from service on medical invalidation.

(3.) Ultimately, the first respondent was appointed as an Attender on contract basis in the office of the fourth petitioner herein. He has been working on a consolidated pay. In view of the judgment of the High Court in Government of Andhra Pradesh v. D. Gopaiah, 2001 6 ALT 553where the Full Bench held that the scheme of compassionate appointments on medical invalidation cases was against the Constitution, Government of Andhra Pradesh issued G.O.Ms.No. 246, dated 30.05.2006 discharging the candidates who were appointed under the scheme of medical invalidation. Consequently, the first respondent was discharged from the post of attender, through orders of the fourth petitioner herein, dated 11.12.2006.