Andhra Pradesh State Road Transport Corporation and Others vs B. Subrahmanyam

P.S. Mishra, C.J.—Heard.

Writ Petitioner-respondent''s father, B. Rosaiah, was a conductor working under the appellant-Corporation. He died in harness on 16-9-1982. At the time of the death of Rosaiah, writ petitioner-respondent was a minor. He attained majority only in the year 1991. Soon thereafter, he applied for being provided with a compassionate appointment, as, according to him, his father had died in harness and that made him eligible for compassionate appointment.

The above, in our view, is contrary to the rule which has been accepted for the purpose of accepting the compassionate appointment as valid and as an exception to the general rule, under Article 14 of the Constitution of India, of equal protection of law and equality before law. Compassionate appointment is acknowledged as a mode to provide to the family or the dependents of the employee, who died in harness, immediate protection for the loss of the bread winner. Such compassion cannot survive for a period of eight years and shall thus not be available to a person who becomes eligible for appointment after such a long period of time from the date of death of the employee who was working under the appellant herein. The writ petition for the said reason is fit to be dismissed. Learned Single Judge has committed an error thus in accepting the case of the writ petitioner-respondent for such compassionate appointment.

The impugned judgment for the said reason is set aside, the writ petition is dismissed, but on the facts and in the circumstances of the case without costs. The appeal is allowed.