Court Orders Regularization of P Idugu Sasi Kanth Reddy as Junior Assistant, Citing Arbitrariness in Promotion Circular Application
In a significant ruling, the Andhra Pradesh High Court has set aside the decision of the District Judge, Kadapa, which denied P Idugu Sasi Kanth Reddy a compassionate appointment as a Junior Assistant. The court deemed the rejection as arbitrary and inconsistent with the guidelines under G.O.Ms.No.612, dated 30.10.1991, which facilitates compassionate appointments based on educational qualifications.
The case revolved around the petitioner, P Idugu Sasi Kanth Reddy, who was originally appointed as an Attender on compassionate grounds following his father's demise. Despite possessing the necessary educational qualifications for the post of Junior Assistant, his representation for an appointment to the said position was rejected by the District Judge, Kadapa, citing a Circular related to promotions. This decision prompted Reddy to file a writ petition challenging the arbitrariness of the rejection.
Counsel for the petitioner, Smt. Avanija Inuganti, argued that the rejection was arbitrary, particularly when compared to the earlier case of Kum. P. Thulasi, who had been appointed as a Field Assistant under similar circumstances. The High Court, in a Division Bench, had previously ruled in favor of Kum. P. Thulasi, recognizing the applicability of G.O.Ms.No.612 for compassionate appointments.
Justice R Raghunandan Rao and Justice T.C.D. Sekhar, presiding over the case, noted that the Circular relied upon by the District Judge pertained to promotions and not to the Compassionate Appointment Scheme. The court found no justification for denying Reddy's appointment as a Junior Assistant, considering his eligibility and qualifications.
Consequently, the High Court directed the District Judge, Kadapa, to regularize Reddy's appointment as a Junior Assistant from the date of the initial rejection and to ensure necessary promotions and pay scales. However, the court clarified that Reddy would not be entitled to back wages for the period he served as an Attender.
The judgment underscores the importance of adhering to established guidelines for compassionate appointments and ensures that eligible candidates are not unfairly denied opportunities due to misinterpretations of administrative circulars.
Bottom Line:
Compassionate Appointment - Dependant of deceased employee appointed as Attender - Representation seeking appointment as Junior Assistant on basis of educational qualifications - Rejection of representation by District Judge, Kadapa, on basis of Circular governing promotions - Held, rejection is arbitrary as Circular does not apply to compassionate appointments - Entitlement of petitioner to be appointed as Junior Assistant in terms of G.O.Ms.No.612 acknowledged.
Statutory provision(s): G.O.Ms.No.612, ROC.No.2536/98-C1(1)
P Idugu Sasi Kanth Reddy v. Dist Judge Kadapa, (Andhra Pradesh)(DB) : Law Finder Doc id # 2867215
