P.Venkatakrishna Murthy v. The Chairman And Managing Director

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 45032 of 2017 Order:

Heard learned counsel for the petitioner.

The case of the petitioner is that his mother, who was working as house keeper-cum-peon in the third respondent branch, died on 12.05.2017 while in service. In those circumstances, he submitted a representation on 08.06.2017 seeking employment on compassionate grounds as per the scheme issued under Circular dated 11.08.2014. The petitioner states that he is a B.Com graduate and he is eligible for a suitable post. When the said application was rejected by order dated 18.07.2017, the present Writ Petition is filed. A reading of the impugned order shows that when the representation of the petitioner was sent to the Head Office, the Head Office rejected the representation with the following observations. "During scrutiny of the Family Member Certificate issued by Govt. of Andhra Pradesh, it has been observed that applicant, Mr.

Peetla Venkata Krishnamurthy is married. As per extant guidelines, married child cannot be a dependent and hence Mr. Peetla Venkata Krishnamurthy is not eligible for applying for Compassionate Appointment. In view of the above, we regret our inability to consider the request of Mr. Peetla Venkata Krishnamurthy favourably and hence his present application for compassionate appointment is declined."

There is no dispute that the petitioner is a married person and the scheme provides for compassionate appointment only in the case of wholly dependant son. The petitioner who is married cannot be said to be a wholly dependant son eligible for consideration of his case under the scheme for compassionate appointment.

Learned counsel for the petitioner relied on the circular dated 14.01.2015 of the Ministry of Communications and IT, Government of

India, extending the benefit of compassionate appointment to the married son residing with grand parents/parents along with his wife and children and is dependant on the parents for livelihood. The said circular was issued by the Government of India and is applicable only to the Ministry of Communications and IT. The petitioner is seeking employment in a Public Sector Bank and the said circular cannot be extended to the Public Sector Bank. In the absence of any other circular entitling the petitioner for consideration of his case, the impugned order cannot be said to be illegal and the Writ Petition is liable to be dismissed at the admission stage. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ A. RAMALI NGESWARA RAO, J Date: 02.01.2018 Nsr