APHC010416572022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25930/2022 Between: 1. CH ANIL KUMAR, S/O.LATE CHAKKA PETER, AGED44 YRS, UN EMPLOYEE, RIO. 3-1-172/A PATTABHIPURAM MAIN ROAD, NEAR OLD RTA OFFICE GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, AP. 2. THE COMMISSIONER OF PANCHAYAT RAJ, AP,TADEPALLI,GUNTUR DISTRICT. 3. THE DIRECTOR OF SCHOOL EDUCATION, AP IBRAHIMPATNAM, VIJAYAWADA KRISHNA DISTRICT. 4. THE CHIEF EXECUTIVE OFFICER, ZPP GUNTUR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ or Order more in the nature of Mandamus in declaring the action of the respondents in not considering the petitioner for compassionate appointment as illegal, arbitrary, unjust, violative of Article 14 and 16 of the Constitution Of India and consequentially direct the 1st and 2nd respondent to consider the petitioner for compassionate appointment by passing appropriate orders on Memo No. 1614725/EsttIV/A2 /20022 dated 2 11.01.2022 duly relaxing the upper' age limit duly taking into consideration the similar orders of Compassionate Appointment vide G.O.Rt.No.152 dated 29.07.2016, Memo 233431/Emp.A1/2016 dated 18.09.2017 and G.O.Ms.No.1 dated 08.01.2015 and pass IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to DIRECT the 1st and 2nd respondent to consider the petitioner for compassionate appointment by passing appropriate orders on Memo No. 1614725/Estt IV/A2 /20022 dated 1 1 .01.2022and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to receive the counter copies on record by allowing the leave petition in the above writ petition and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave for filing of counter affidavit of the 2nd respondent and pass Counsel for the Petitioner: 1. I RAVINDRA BABU Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. GP FOR SERVICES IV 3. G SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES) The Court made the following: ORDER:- Heard Sri I.Ravindra Babu, learned counsel for the petitioner and the learned Assistant Government Pleader for Services – II. 3 2. The grievance of the petitioner in the instant writ petition is against the action of the respondents in not considering the case of the petitioner for compassionate appointment. Consequently, sought a direction to the 1st and 2nd respondents to consider the petitioner’s case for compassionate appointment by passing appropriate orders on Memo No.1614725/Estt.IV/A2/2022 dated 11.01.2022, duly relaxing the upper age and taking into consideration the similar orders of compassionate appointment vide G.O.Rt.No.152 dated 29.07.2016, Memo No.233431/Emp.A1/2016 dated 18.09.2017 and G.O.Ms.No.1 dated 08.01.2015. 3. It is contended that the petitioner’s father died on 16.03.1989, while working as a Teacher in MPP Special Elementary School, Kakumanu. After the death of the petitioner’s father, the petitioner made a representation to the respondents seeking appointment on compassionate grounds. Since the respondents did not pass any order on the said representation, the petitioner filed O.A.No.10218 of 2002 in the Andhra Pradesh Administrative Tribunal. The said O.A., was disposed of, directing the respondents to consider the case of the petitioner for compassionate appointment within a period of eight (8) weeks. As no action was taken pursuant to the said direction, the petitioner filed another O.A.No.2346 of 2005 and the same was subsequently withdrawn. After persistent correspondence, the 1st respondent vide its Memos dated 17.12.2021 and 11.01.2022 directed the 2nd respondent to send a detailed report with regard to the application for compassionate appointment. Placing reliance on the Memo No.618/Ser.A/78-11, GAD 4 (Ser-A), dated 17.12.1979 and G.O.Ms.No.340, GAD, dated 12.06.1984, contends that even the minors can be entitled for last grade service appointment by relaxing the upper age limit. Thus, stated that the petitioner is entitled for compassionate appointment by relaxing the upper age limit. Learned counsel for the petitioner contends that a similarly situated persons were provided compassionate appointment. However, the petitioner’s case was rejected. Aggrieved by the same, the instant writ petition is filed. 4. The 2nd respondent filed counter affidavit stating that the 1st respondent had called for certain documents for examination of proposal made in the case of the petitioner, the said required documents including Non-Drawal Certificate relating to Ex-gratia furnished by the Chief Executive Officer, ZPP were submitted to the Government, vide Lr.Rc.No.1668983/CPR&RD/C1/2021, dated 20.07.2024 of the Commissioner, PR&RD. Thereafter, the 1st respondent vide Memo No.1614725/PR&RD(Estt.IV)/A2/2022, dated 25.02.2026, has informed that the matter is under examination at Government level. The Commissioner thus stated that further action would be initiated after receipt of the orders from the Government. 5. Having regard to the same, this Court deems it appropriate to dispose of the writ petition directing the 1st and 2nd respondents to pass appropriate orders on the application of the petitioner seeking compassionate appointment within a period of three (3) months from the date of receipt of the order. 5 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 04.05.2026 ANI 6 17 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:25930 of 2022 Dated: 04.05.2026 ANI