PALAKOLANU KISHORE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) Brief facts of the case are that the petitioner's father by name P.Udaya Sankar was an employee of Police Department. He was appointed in the year 1980 as police constable. Later he was promoted as Head Constable. He died on 13/6/2012. While he was in service, his father was dismissed from the service on the ground of misbehaviour towards higher officials. Immediately, the petitioner's father filed O.A.No. 12509 of 2009 on the file of Hon'ble Andhra Pradesh Administrative Tribunal at Hyderabad and the said O.A.was dismissed vide its order dtd. 3/1/2014. During pendency of the said O.A., the petitioner's father was died on 13/6/2012. Thereafter, the petitioner came on record of O.A. Later, against the order dtd. 3/1/2014 passed in the said O.A., the petitioner preferred W.P.No.2845 of 2015 before this Court. The said writ petition was allowed setting aside the impugned order vide its order dtd. 8/2/2021 in respect of punishment was altered as compulsory retirement of her father. The compulsory retirement was with effect from 15/6/2008 and further directed the respondents in the writ petition to release the pensionary benefits to the legal representatives of deceased employee. It is stated that the said order copy was served to the respondent authorities. The pensionary benefits released to the petitioner in some extent. But, some of the benefits and amounts are pending consideration. It is further stated that the petitioner's father had two children and widowed wife. Petitioner's mother in a depressed state of mind, even she was not able to come out from the shock of death of his father. He being a only son to his deceased father looking after the welfare of mother and his sister. Further, the petitioner has no any job to maintain his family. Till passing of order in the earlier writ petition, the petitioner family were faced great hardship. In view of sufferance caused due to death of his father, the petitioner's mother made a representation dtd. 6/7/2022 to the respondents with a request to appoint the petitioner in any suitable post in the police department as under compassionate grounds. It is mainly contended that, the police department has issued a notification dtd. 7/11/2016 inviting applications for driver and the petitioner has applied for the same and selected in physical test. Therefore, the petitioner had a requisite qualification to consider his name as under compassionate grounds in any suitable post in the police department. But the respondents have not taken any action on the representation dtd. 6/7/2022. Hence the present writ petition.

(3.) The counter affidavit has been filed by the 4th respondent. While denying the allegations made in the petition, inter alia, contended that, the father of the petitioner was worked as Armed Reserved Head Constable. While he was working in ARHC, he was involved as an accused in Cr.No.18/2001 under Sec. 498(A) & 324 IPC of Eluru II Town P.S in which he was acquitted on 28/5/2005 and (2) Cr No.19/2002 under Sec. 353 & 506 IPC of Eluru II Town PS in which he was convicted and sentenced to pay an amount of Rs.1,000.00 vie CC No.31/2004 on the file of Court of Special Judicial Magistrate of I Class (Excise) W.G District, Eluru. It is further stated that, aggrieved with the order of dismissal from service issued by the Superintendent of Police, Eluru, he filed OA No.2289/2005 on the file of APAT, Hyderabad and the said O.A was dismissed. Aggrieved by the same, the petitioner's father approached this Court by way of filing Crl. Revision No.1779/2007 and this Court vide order dtd. 10/12/2007 he was reinstated into service vide D.O.No.292/2008 dtd. 30/4/2008 without prejudice to the Oral Enquiry pending against him vide C.No.31/OE-PR/2002 of Superintendent of Police, Eluru. Accordingly, he reported to duty. As the oral enquiry was proved against him, he was removed from service vide D.O No.542/2008 dtd. 22/7/2008 of Superintendent of Police, Eluru. Thereafter, he preferred an appeal against the punishment of removal from service and the same was considered and rejected by the Deputy Inspector General of Police, Eluru Range, Eluru vide proceedings C.No.41/Appeal/2008, Dr.31/10/2008. Challenging the removal order awarded by the Superintendent of Police, West Godavari District, Eluru, the petitioner's father filed O.A.No.12509/2009 and the appeal petition rejected by the Deputy Inspector General of Police, Eluru Range, Eluru. While the O.A was pending before the APAT, he died on 13/6/2012 while he was under the punishment of removal of service vide D.O.No.542/2008, dt.22/7/2008 of Superintendent of Police, West Godavari District. Eluru. The wife, daughter and son of the deceased were substituted as legal heirs on his behalf in the said O.A. Subsequently, the APAT, Hyderabad dismissed the above O.A on 3/1/2014 upholding the order of removal from service vide D.O.No.542/2008, dt.22/7/2008 of Superintendent of Police, West Godavari District, Eluru. Subsequently, the wife of the deceased i.e. P. Sree Raja Rathnam, her daughter and son filed W.P.No.2845 of 2015 before the Hon'ble High Court of A.P. against the order, dt.3/1/2014 of APAT, Hyderabad in ?.?.??.12509/2009. The said writ petition was partly allowed modifying the punishment of removal from service to that of