The Andhra Pradesh High Court held that denying a candidate appointment to a higher post under compassionate grounds, despite possessing the required educational qualifications and eligibility, is arbitrary. The Court observed that authorities cannot rely on rules meant for promotions to deny a suitable appointment under the compassionate appointment scheme, as the two operate in different domains.
The case arose from a petition filed by an individual whose father had been working as an Examiner of Copies in the court of a Junior Civil Judge and had died while in service. Following his father’s death, the petitioner was given a compassionate appointment in December 2004. However, he was appointed to the post of Attender even though he possessed the educational qualifications required for the post of Junior Assistant.
Seeking an appointment that matched his qualifications, the petitioner submitted a representation requesting that he be appointed as a Junior Assistant. The matter had earlier reached the High Court, which directed the District Judge to consider his representation. Despite this direction, the District Judge rejected the request by relying on a High Court circular that governed promotions to higher posts.
Aggrieved by this rejection, the petitioner approached the High Court again. He challenged the decision of the District Judge on the ground that it was arbitrary and based on an incorrect application of the law. The petitioner argued that the authority had failed to consider relevant government orders that allowed appointment to posts suitable to a candidate’s qualifications under the compassionate appointment scheme.
The petitioner also referred to a previous instance involving a similarly situated individual who had initially been appointed as an Attender on compassionate grounds but was later granted appointment to a higher post after consideration of her qualifications. He contended that the same principle should have been applied in his case as well.
On the other hand, the respondents argued that the decision taken by the District Judge was justified and in accordance with applicable rules. They maintained that the rejection of the petitioner’s request did not warrant interference by the Court.
After examining the matter, the High Court observed that the circular relied upon by the District Judge related specifically to promotions for selection and non-selection posts. The Court held that such a circular could not be applied to cases involving compassionate appointments, which are governed by separate principles and guidelines.
The Court further noted that the purpose of compassionate appointment is to provide immediate relief to the family of a deceased employee and that such appointments can be made to posts commensurate with the educational qualifications of the candidate, provided the eligibility criteria are satisfied. It emphasized that denying such consideration on the basis of rules applicable to promotions would be incorrect and unjustified.
The Court found that the petitioner was qualified and eligible for appointment as a Junior Assistant. It held that the rejection of his request by the District Judge, based on an inapplicable circular relating to promotions, was arbitrary and not sustainable in law.
Accordingly, the High Court set aside the order of the District Judge rejecting the petitioner’s representation. The Court directed the authorities to regularize the petitioner’s service by treating him as having been appointed to the post of Junior Assistant from the date on which his request had been rejected. It also directed that he be granted the appropriate pay scale and be considered for future promotions in accordance with the applicable rules.
However, the Court declined to grant back wages for the period in question. It noted that the petitioner had already been working as an Attender and had been receiving salary for that position. Therefore, it held that there was no justification for awarding back wages.
The Court also directed that the process of regularization and fixation of pay be completed within a specified time frame. With these directions, the writ petition was allowed, and the denial of appointment to a higher post despite the petitioner’s qualifications and eligibility was declared arbitrary.
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