Case Note & Summary
The dispute arose from the termination of the appellant's service, who was appointed as a Junior Assistant under the compassionate appointment scheme after his father retired on medical invalidation due to total blindness. The Government of Andhra Pradesh had accepted the father's application for retirement on 30.6.2001, and the appellant was appointed on 10.5.2002. However, a Full Bench of the Andhra Pradesh High Court ruled on 12.10.2001 that appointments on compassionate grounds for medical invalidation were unconstitutional, leading the State Government to cancel such appointments. Consequently, the appellant's service was terminated on 1.9.2003. The appellant challenged this termination before the Andhra Pradesh Administrative Tribunal, which dismissed his application on 28.2.2006. The High Court upheld this dismissal on 17.3.2006, referencing the Full Bench decision. The Supreme Court, however, later set aside the Full Bench's ruling in a separate case, affirming the validity of the compassionate appointment scheme. As a result, the Supreme Court allowed the appeal, set aside the Tribunal and High Court judgments, and reinstated the appellant, granting continuity of service but no salary for the period not worked.
Headnote
A) Administrative Law - Compassionate Appointment - Validity of Scheme - Government of Andhra Pradesh Act, 2001 - The Full Bench of the Andhra Pradesh High Court declared the scheme for compassionate appointment on medical invalidation unconstitutional. However, the Supreme Court later set aside this decision, affirming the validity of the compassionate appointment scheme, thus necessitating the reinstatement of the appellant. Held that the termination of the appellant's service was invalid (Paras 6-7).
Issue of Consideration
Whether the termination of the appellant's service was valid following the Full Bench decision of the Andhra Pradesh High Court regarding compassionate appointments.
Final Decision
The Supreme Court allowed the appeal, set aside the judgments of the Tribunal and High Court, reinstated the appellant, and granted continuity of service without salary for the period not worked.
Law Points
- Compassionate appointment
- Medical invalidation
- Constitutional validity
- Administrative Tribunal
- Reinstatement
