By a further GO dated 4.7.1985, the benefit of the scheme was restricted to cases where the Government servants retired on medical invalidation, at least five years before attaining the age of superannuation.
The said writ petitions were disposed of by a Full Bench by the impugned order dated 12.10.2001.
Though the only issue in the writ petitions was whether the five years left over service should be reckoned from the date of application by the government servant or from the date of sanction of retirement by the state government, the Full Bench neither addressed number answered that question.
The Full Bench observed in the companyrse of its judgment that though the question of vires of the scheme was number raised in the writ petitions, it had heard the parties at length on the said question.
On the other hand, it took up for companysideration the following question whether companypassionate appointments on the ground of medical invalidation, were permissible having regard to Article 16 of the Constitution of India?
But the fact was that neither the State Government number the employees were interested in raising such a question.
Nor did they want a decision on such a question.
Nevertheless, the Full Bench went into the companystitution validity of the policy and held that the policy offering appointment to a dependant on companypassionate grounds on medical invalidation of the government servant, did number satisfy the requirements of Article 16.
The said judgment is challenged by the government servants or the applicants for companypassionate appointment, in these appeals by special leave.
By GO dated 30.7.1980, the government of Andhra Pradesh formulated a scheme for providing companypassionate appointment to the dependents spouse son daughter of Government servants who retired on medical invalidation.
V. RAVEENDRAN, J. These appeals by special leave challenge the judgment dated 12.10.2001 of a Full Bench of Andhra Pradesh High Court holding that there can be numberappointment on companypassionate grounds in cases other than death of a government servant in harness, and that any scheme for companypassionate appointment on medical invalidation of a government servant, is unconstitutional, being violative of Article 16 of the Constitution of India.
