EXECUTIVE OFFICER VENKATESWARA SWAMY DEVASTHANAM DWARAKA TIRUMALA WEST GODAVARI DIST Vs. METLAPALLI SESHALAKSHMI SRINIVAS

JUDGEMENT

(1.) The short point for consideration in this appeal is in regard to the powers of the Commissioner of Endowments, Government of Andhra Pradesh, in regard to the issuance of an order of appointment of a charitable religious institution or endowment on compassionate grounds.

(2.) Before dealing with the problem as such, it would be convenient to note the basic law in regard to the appointment on compassionate grounds. Be it noted that in the normal course of events all appointments should be made strictly on the basis of open invitation to the public at large so far as public services are concerned and appointments on compassionate grounds cannot but be termed to be an exception. The word ' compassion' in common acceptation mean and imply fellow feeling or sorrow for the sufferings of another. Having due regard to the meaning to be attributd to the word'compassion, it appears, therefore, that compassionate appointment cannot but mean to ameliorate the financial stringencies caused by the sudden death of a wage earner. It cannot possibly be deferred to any future point of time but to avoid immediate financial impact on the family, a compassionate appointment is made or given. Be it also noted here that this compassionate appointment cannot also be possibly made in contradistinction with the rules. It has to conform to the rules and regulations, otherwise the action cannot but be termed to be totally void by reason of adoptation of a procedure unknown as regards the rules of appointment are concerned. One word of caution ought to be introduced at this juncture to the effect that the claim for compassionate appointments cannot be termed to be a claim as a right of inheritance - there is no element of right involved on the part of the applicant but by reason of sudden pitiable conditions, the concerned authority having due regard to the factum of the services rendered by an employee who has died recently or immediate past on compassionate grounds so as to avoid a financial set-back, appoints the heir of the deceased.

(3.) The view expressed as above finds support from the decision of the Supreme Court in the case of State of Haryana vs. Rani Devi.