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GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Public Services – Home Department – Providing compassionate
appointment to Sri M. Prakash, S/o Late Sanjeeva Rao, PC 1304,
Karimnagar District – Orders – Issued.
HOME (WNT) DEPARTMENT
G.O.Ms.No. 49 Dated:16.3.2012
Read the following:-
1. From Sri Marella Prakash, S/o late M. Sanjeeva Rao, PC 1304,
Karimnagar District, representation, dated 01-07-2010 and
20-05-2011.
2. From the DGP., AP., Hyderabad, Rc No. 736 Min. Estt-3/2009,
dated 01-04-2010 and 18-08-2010.
3. Government Memo No. 20338/WNT/A1/2010, dated 15-09-2011.
4. From the Assistant Registrar, APAT., Hyderabad, orders of the
Hon’ble APAT in OA No. 9720 of 2011, dated 21-12-2011.
***
ORDER:
Sri M.Sanjeeva Rao, PC 1304, Karimnagar District, was awarded
the punishment of removal of service for his unauthorized absence from
duty by the Superintendent of Police, Karimnagar District and his appeal
was rejected by the Deputy Inspector General of Police, Karimnagar.
The Hon’ble APAT in its order in OA No.6443 of 1995, dated
12-06-2002, has set aside the orders of removal and directed to
re-instate the applicant viz Sri M.Sanjeeva Rao, PC 1304 into service.
Mean while, during the trail Sri M. Sanjeeva Rao, PC 1304, expired on
04-04-2002, i.e. two months before the issue of orders of APAT. The
orders of APAT were implemented duly treating the period of
suspension w.e.f. from 5-5-1990 till the date of the death of the
individual i.e. up to 04-04-2002 as on duty vide Proceedings of S.P.,
Karimnagar, dated 01-10-2008 and the wife of the deceased was paid
monetary benefits.
2. The request of Smt M. Santhoshi, W/o late M. Sanjeeva Rao, PC
1304, for compassionate appointment to her son viz Sri M. Prakash,
was rejected by the Superintendent of Police, Karimnagar, vide
proceeds No. A1/49/49/2009, dated 12-08-2009 on the ground that he
was minor i.e., aged 12 years 9 months and 23 days at the time of
death of his father. The subsequent request of Sri M. Prakash, S/o Late
Sanjeeva Rao, PC 1304, Karimnagar District, for his compassionate
appointment was examined by the Government in terms of instructions
issued in G.O. Ms. No. 612, GA (Ser. A) Department, dated
30-10-1991, r/w Government Memo No. 618/Ser. A/78-11, GA (Ser. A)
Department, dated 17-12-1979, and rejected vide Government Memo
No. 20338/WNT/A1/2010, dated 15-09-2011.
3. Aggrieved with the above, Smt M. Santhosi, W/o Late Sanjeeva
Rao, PC and her son Sri M. Prakash, filed OA No. 9720 of 2011. The
Hon’ble APAT in its order, dated 21-12-2011, have disposed of the OA
with the following order:
“ In these circumstances, the impugned proceedings C. No.
A1/49/49/2009, dated 12-08-2009 issued by the 2nd respondent
and the consequential rejection order by the 3rd respondent, vide
Memo No. 2038/WNT/A1/2010, dated 15-09-2011 are liable to be
set aside, and are accordingly set aside. The respondents are
directed to consider the case of 2nd applicant herein for
PTO-2-
appointment on compassionate grounds to any suitable post, as
per his eligibility, suitability and based on his qualification, in view
of the orders of the Hon’ble Supreme Court reported in (2006) 9
Supreme Court Cases 195, in the case of Syed Khadim Hussain v.
State of Bihar and Others, and pass appropriate orders within a
period four weeks from the date of receipt of this order”.
4. Keeping in view the above judgment, Government have
re-examined the case. It has been observed that as per the Family
Member Certificate issued by the Tahsildar, Husnabad, Karimnagar
District, the age of Smt M. Santhoshi, W/o late M. Sanjeeva Rao, PC
1304, was (50) years as on 17-02-2009 and as such it is evident that
she was (43) years old as on the death of her husband (04-04-2002)
and then eligible for compassionate appointment. The DGP., AP.,
Hyderabad, vide his letter 2nd read above, has also stated that she lost
the opportunity of compassionate appointment though eligible, since
there was delay in implementing the orders of APAT in OA No. 6443 of
1995 and therefore, requested the Government either to relax the
upper age limit for Smt. M. Santoshi W/o Late Sri Sanjeeva Rao, PC
1304, Karimnagar or to relax lower age limit for her son Sri M. Prakash,
for compassionate appointment.
5. Government have, therefore, decided to provide compassionate
appointment to Sri M. Prakash, S/o Late Sanjeeva Rao, PC 1304,
Karimnagar District, as per the orders of Hon’ble APAT in OA No. 9720
of 2011, dated 21-12-2011, in relaxation of relevant rules to condone
his shortfall of age.
6. Accordingly, Government hereby order to provide compassionate
appointment to Sri M. Prakash S/o Late M. Sanjeeva Rao, PC 1304,
Karimnagar District, duly relaxing rules in para 2 (v) of G.O. Ms. No.
612, GA (Ser. A) Department, dated 30-10-1991, r/w Government
Memo No. 618/Ser. A/78-11, GA (Ser. A) Department, dated
17-12-1979, in his favour, subject to fulfillment of other conditions
specified under the scheme of compassionate appointment and
following the rule of reservation and Presidential Order.
7. The Director General of Police, AP., Hyderabad, shall take further
action in the matter accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
AJOYENDRA PYAL
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Director General of Police, AP., Hyderabad.
The Individual through Director General of Police, AP., Hyderabad.
The Superintendent of Police, Karimnagar.
Copy to:
The Pay and Accounts Officer, AP., Hyderabad.
The Accountant General, AP., Hyderabad.
The Director of Treasures and Accounts, AP., Hyderabad.
SF/SC
//FORWARDED::BY ORDER//
SECTION OFFICER