K. Singu, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE MRS. JUSTICE ANIS WRIT PETITION No.8903 of 2016 18.03.2016 Between:

K.Singu ..Petitioner And The State of Andhra Pradesh, represented by its Principal Secretary, Municipal Administration, Hyderabad, and others ..Respondents Counsel for the petitioner: Mrs.P.K.Kalyani Counsel for the respondents: -- The Court made the following:

ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) The petitioner, who was provided with compassionate appointment as Public Health (PH) Worker in the Municipal Corporation of Vijayawada in the place of his father, who died while working as PH worker, approached the Tribunal seven years after his accepting the appointment as PH worker, with the grievance that he was not appointed as Junior Assistant though he had qualifications required for holding the said post. The Tribunal was not prepared to accept the petitioner's plea and in our view rightly, for two reasons viz.

, (i) having accepted the offer and joined the post without any demur, the petitioner cannot be allowed to turn round and raise a grievance, and (ii) the second equally weighty reason is that even if the petitioner felt that under the scheme of compassionate appointment and the extant executive orders, he is entitled to be appointed to a higher post, he should have approached the Tribunal within a reasonable time, but he failed to do so. The petitioner has sought to explain the delay in approaching the Tribunal by saying that he kept on making representations. As rightly observed by the Tribunal mere making of representations will not extend the limitation. The petitioner, who is supposed to have approached the Tribunal within one year, has committed the delay of six years in approaching it.

In our opinion, the Tribunal has dismissed the O.A. for right reasons and therefore, we are not inclined to interfere with the impugned order.

2. For the aforementioned reasons, the Writ Petition is dismissed.

3. As a sequel to dismissal of the writ petition, W.P.M.P.No.11285 of 2016 filed by the petitioner for interim relief shall stand dismissed as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J ___________ ANIS, J 18th March, 2016 GHN