SURYAPETA MUNICIPALITY Vs. BOORA SATISH

JUDGEMENT

(1.) Suryapet Municipality, Suryapeta, represented by its Commissioner, Nalgonda District has filed this Writ Petition, aggrieved by the order, dated 05.10.2012, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A. No. 7964 of 2012. By the aforesaid order, the Tribunal has set aside the order of the Regional Director-cum-Appellate Commissioner of Municipal Administration, Hyderabad (4th respondent herein), dated 13.07.2012 passed in L.Dis.Roc. No. 757/2012/A3 and further order of the Commissioner, Suryapet Municipality (petitioner herein), dated 05.09.2012 passed in Lr. No. C1/1280/2012, with a direction to consider the claim of the 1st respondent/applicant for appointment to a suitable post on compassionate grounds and to pass appropriate orders within a period of four weeks from the date of receipt of a copy of the order.

(2.) One Smt. B. Chandramma was working as Public Health Worker in Suryapet Municipality. While in service, she died on 12.04.2012. The 1st respondent who claims to be the adopted son of late B. Chandramma, has filed an application seeking appointment to a suitable post/Junior Assistant on compassionate grounds, as per the scheme notified by the Government in G.O.Ms. No. 612, General Administration (Services-A) Department, dated 30.10.1991. The aforesaid scheme is notified for compassionate appointments to the dependents of deceased Government employees and in that scheme, a clause is incorporated extending the benefit to an adopted son of the deceased Government servant. As per the said scheme, to claim appointment on compassionate grounds, the adopted son or daughter of the deceased Government servant is entitled for consideration for appointment, if the adoption had taken place legally, at least five years prior to the date of demise of the Government servant.

(3.) It was the case of the 1st respondent before the authorities as well as the Tribunal that he was adopted by late Smt. B. Chandramma when he was 9 years old, in the year 1997, as such, he is entitled for consideration for appointment to a suitable post on compassionate grounds as per the said scheme. On the application filed by the 1st respondent, it appears, the Municipal Commissioner, Suryapet has sent a proposal to the appointing authority i.e., Regional Director-cum-Appellate Commissioner of Municipal Administration, Hyderabad, who in turn has issued Proceedings, dated 13.07.2012, rejecting the claim of the 1st respondent on the ground that as the adoption of the dependent has taken place in the year 2009 and completed only three years, as such he has not fulfilled the requirements as per the scheme notified in G.O.Ms. No. 612, dated 30.10.1991. Consequently, the Municipal Commissioner, Suryapet Municipality has passed consequential orders, dated 05.09.2012, returning the request of the 1st respondent, as was rejected by the appointing authority.