GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Public
Services - Subordinate Services - Compassionate Appointment of Son/Daughter/
Spouse of the Government Employees who retire on Medical Invalidation - Further
orders on cases pending as on 12.10.2001 - Issued.
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GENERAL ADMN. (SER.A) DEPARTMENT
G.O.Ms.No.305, Dated: 17-07-2002
Read the following: -
1. G.O.Ms.No.202,
GA(Ser.A) Dept., dt.27.04.2002.
2. G.O.Ms.No.203,
GA(Ser.A) Dept., dt.27.04.2002.
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R D E R:
In para 2 (iv) of G.O.Ms.No.203, General Administration (Ser.A) Department, dated 27.04.2002, it was stated that "pursuant to the agreement with the Joint Action Committee of employees on 24th March, 2002 on Medical Invalidation Scheme, in respect of the cases where the employees have taken retirement on medical invalidation, but appointments were not made to the dependents due to administrative delay, by 12th October, 2001, i.e., the date of the judgement of the High Court of Andhra Pradesh, wherein the scheme of compassionate appointment in Medical Invalidation cases is held un-constitutional, the legality of providing employment under Medical Invalidation Scheme will be examined separately and orders thereon will be issued separately".
2. The Government after careful examination of the issue are of the view that, as the Hon'ble High Court has held that "appointment on compassionate grounds on medical invalidation does not satisfy the requirement of Article 16 of the Constitution of India and any Policy decision taken by the state in this regard is unconstitutional". Therefore, the appointments in cases pending as on 12.10.2001 cannot be made lawful on the basis of the fact that they were pending prior to 12.10.2001, because the rationale of the High Court Judgement applies to the pending cases also.
3. In view of the above position, no appointments can be made now even in the cases pending prior to 12.10.2001. All the cases of retirements on medical invalidation shall be dealt under the relevant Andhra Pradesh Revised Pension Rules, 1980 only.
(By order and in the name of the Governor of Andhra
Pradesh)
B.
ARAVINDA REDDY
Secretary to Govt. (Ser.)
