K DEVARAJULU Vs. DEPUTY EXECUTIVE OFFICER

JUDGEMENT

(1.) This Writ Petition is in respect of compassionate appointment. The petitioner claims to be the adopted son of late Sane Munilakshmamma. His adoptive mother Smt. Sane Munilakshmamma was employed as Sanitary Worker in the Health Department, Tirumala Tirupati Devasthanams, Tirumala.She died in harness on 7-1-1991 leaving the petitioner behind as her sole heir. According to the Rules of Andhra Pradesh State Government applicable to the employees of Devasthanams, there is a provision for appointment of the spouse of the deceased Government servant or dependent children of the deceased Government servant who died in harness, as a social security measure. By G.O.Ms.No. 687, General Administration (Ser-A) Department, dated 3-10-1977, it was clarified that the appointment of a spouse or child of the deceased Government servant could also be considered for regular appointment without subjecting them to the normal process of recruitment provided such family member of the deceased servant satisfies other conditions of recruitment prescribed in the Rules, such as, age and educational qualification.

(2.) The petitioner submitted a representation dated 11-7-1991 consequent upon the death of his adoptive mother to the respondent to consider his case for appointment on compassionate ground. However, by memo dated 7-8-1991, the petitioner was informed as follows:

(3.) The petitioner, however, disputed the stand taken by the respondent that adopted sons could not be treated as the 'sons' entitled to appointment on compassionate grounds. Further, according to the petitioner, consequent upon his adoptive mother's death he became destitute as he had no other source of income or landed property for his subsistence. Perhaps, according to the petitioner, since the Govt. Memo.No. 618/Ser.A/79-11 of the General Administration (Ser-A) Department, dated 17-12-1979 explaining that the adopted child of the deceased employee did not fall under the definition of child in terms of the G.O., providing for appointment to the spouse or child of the deceased Government servant, the benefit of compassionate appointment to which he was entitled was unlawfully denied to him.