PANCHEREDDI RAMU Vs. DISTRICT JUDGE SRIKAKULAM DISTRICT

JUDGEMENT

(1.) The petitioner in this Writ Petition, aged about 22 years, states that he is the son of late Sri Appa Rao, who died in harness while working as Attender in the II Additional District Munsif's Court at Srikakulam on 3-12-1985, leaving behind his widow, i.e., the petitioner's mother, and three children including the petitioner herein. The petitioner is the eldest. He was aged about 10 years at the time of his father's demise. His mother was an illiterate and, according to the petitioner, she was not eligible to seek appointment in his father's place. He states that his mother submitted a representation to the first respondent,ie. the District Judge, Srikakulam District, requesting him to give him (the petitioner) appointment as soon as he became major. He states that he made representations to the respondents five or six times seeking appointment as Attender or Process Server in Srikakulam District. By call letter dated 6-8-1993 he was asked to attend an interview on 19-8-1993 for the post of Attender or Process Server; though he attended the same, he was not appointed. He was asked to attend another interview on 13-8-1994, but again without any result. Thereafter, he gave representations dated 20-12-1994 and 24-2-1995, but in vain. Frustrated, he sent representation dated 64-1995 to the Registrar, Supreme Court of India seeking justice and in response, by letter dated 26-4-1995, the Assistant Registrar of the Supreme Court of India advised him to approach the Andhra Pradesh State Legal Aid Board. Thereupon, he approached the Board and the result is the present writ petition.

(2.) The petitioner states that he attained majority in 1994 itself and that there are no income earning members in his family. He seeks a Writ of Mandamus declaring the inaction of the respondent (it should be the first respondent) in not appointing him as Process Server or Attender, as arbitrary and illegal and directing the respondent to appoint him as Process Server or Attender in any Court in Srikakulam District.

(3.) The petitioner, in effect, seeks appointment on compassionate grounds. The Rules are clear and do not permit appointment of the petitioner on compassionate grounds after this length of time, in view of the admitted fact that his father died more than a decade back, on 3-12-1985. The earliest Government Order issued by the Government of Andhra Pradesh,i..e, G.O.Ms.No.l005,Employment and Social Welfare (G) Department, dated 27-12-1974 only enabled relaxation of Employment Exchange procedure in favour of a dependent of a deceased State Government Servant. It was made clear in that G.O. that the said concession "restricted to a child or the spouse of only such employee as having died in harness, there being no other earning member in the family". In the words of the Government, this concession was given "as a measure of social security" by providing relief to the family of a Government servant who died in harness. Subsequently, in Memo:No.618/Services- A/78-11, dated 17-12-1979 the Government of Andhra Pradesh issued a clarification with reference to the question "whether a minor dependent child of a deceased Government employee can be considered for appointment?" as follows: