GOVERNMENT OF ANDHRA
PRADESH
ABSTRACT
Public Services - Subordinate Services -
Compassionate Appointment of Son/Daughter/Spouse of the Government employees
who retire on Medical Invalidation Scheme dispensed with - Orders - Issued.
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GENERAL
ADMINISTRATION (SER.A) DEPT.
G.O.Ms.No.202,
Dated: 27-04-2002
Read
the following:
1.G.O.Ms.No.504, GA (Ser.A) Dept., dt.30.07.1980.
2. G.(?.Ms.No.309, GA (Ser.A) Dept., dt.04.07.1985.
3. G.O.Ms.No.214, GA (Ser.A) Dept., dt.09.06.1998.
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Whereas in the G.Os. first, second and third
read above, Government Issued orders for appointment of a son/daughter/spouse
of the Government Employees who retire from service on Medical Invalidation
under article 441 of the Andhra Pradesh Pension Code (Volume-I) subject to
certain conditions specified therein, including a restriction that this benefit
would be applicable to only those Government employees who retire on medical
invalidation 5(five) years before the employees attain the age of
superannuation.
2. And whereas the High Court of Andhra
Pradesh in W.P.No.13489/2000 and batch, in its judgement dated 12.10.2001, held
that the scheme of compassionate appointment to dependents of Government
employees who retire on medical invalidation is unconstitutional and violative
of Article 16 of Constitution of India.
3. And whereas, after careful examination of
this judgment of the High Court of Andhra Pradesh, the Government have decided
to dispense with the scheme of compassionate appointment to dependents of
Government Employees who retire on Medical invalidation as the same is
violative of the Article 16 of Constitution of India.
4. Accordingly, the orders issued in the
G.Os. first, second and third read above are hereby cancelled. Consequently,
the orders/ instructions issued from time to time on the scheme of
compassionate appointment to dependents of Government employees who retire on
Medical Invalidation, shall be deemed to have been cancelled.
(By order and in the
name of the Governor of Andhra Pradesh)
P.V. RAO
Chief Secretary to Govt.
