APHC010474192022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28845/2022 Between: 1. SMT. BAVIRISETTI SHAJAHAN BEE @ MOHD.SHAJAHAN BEE,, W/O DURGA LAKSHMANA RAO, D/O MOHD. ALI, AGED ABOUT- 30 YEARS, OCC-HOUSEWIFE, R/O GUNUPUDI YAMIJALA VAN STREET, 16TH WARD, GUNUPUDI, BHIMAVARAM 1, W.G.DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, REP.BY ITS SPECIAL CHIEF PRINCIPAL SECRETARY, 2. THE COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION, PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, VADDESWARAM VILLAGE, MANGALAGIRI 522502, ANDHRA PRADESH. 3. THE MUNICIPAL COMMISSIONER, BHIMAVARAM MUNICIPALITY, BHIMAVARAM, W.G.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 2 VS,J W.P.No.28845 of 2022 pleased topleased to issue a writ, order or direction, more particularly a writ in the nature of Writ of MANDAMUS or any other order declaring the inaction on petitioner's application dated 09-02-2015 and subsequent reminder application dated 09-11-2021 by the 3' respondent i.e., the Municipal Commissioner, Bhimavaram Municipality, Bhimavaram, as illegal, arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of India, and consequently direct the Respondents to consider petitioner's application for Compassionate Appointment 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 respondents to consider the petitioner's Representation Dt.9-11-2021 for compassionate appointment as a worker in Public Health or any other similar appointment in the 3' respondent Municipality, pending disposal of the main writ petition, and pass IA NO: 2 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 permit the amendment of the age of the Petitioner as "about 25 years" in the place of "about 30 years" in the Cause Title and at other places in the Affidavit and Petitions filed in support of the Writ Petition and pass Counsel for the Petitioner: 1. Y P S L SWETHA Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP FOR SERVICES IV The Court made the following: 3 VS,J W.P.No.28845 of 2022 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue a writ, order or direction, more particularly a writ in the nature of Writ of MANDAMUS or any other order declaring the inaction on petitioner's application dated 09-02-2015 and subsequent reminder application dated 09-11-2021 by the 3' respondent i.e., the Municipal Commissioner, Bhimavaram Municipality, Bhimavaram, as illegal, arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of India, and consequently direct the Respondents to consider petitioner's application for Compassionate Appointment and pass” 2. The case of the petitioner is that the petitioner’s father by name Md. Ali, while working as watchman (regular) in Bhimavaram municipality died on 15.09.2010 and the petitioner, being the sole legal heir, applied for compassionate appointment initially on 09.12.2010 and thereafter on 09.02.2015 upon attaining the age of majority. As the same were not considered by the respondent authorities, the petitioner has again submitted a representation on 09.11.2021 with a request to provide her compassionate appointment. Aggrieved by the inaction of the respondent authorities in not considering the representations submitted by the petitioner seeking compassionate appointment, the present writ petition is filed. 4 VS,J W.P.No.28845 of 2022 3. The 3rd respondent has filed a detailed counter affidavit stating that though the petitioner claims that she made a request on various occasions, no such representations were made to the office of the 3rd respondent. The petitioner submitted a representation on 09.11.2021 pursuant to which the 3rd respondent passed orders on 03.12.2021 rejecting the request of the petitioner on the ground that the petitioner was only 13 years as on the date of death of her father and as per memo No.618/Services-A/78-11, General Administration department, dated 17.12.1979, only two years of age can be relaxed for compassionate appointment. As such, there is no scope for taking further action on the petitioner’s application for compassionate appointment. 4. Heard Sri. Y.P.S.L. Swetha, learned counsel for the petitioner and learned Assistant Government Pleader for Services-IV. 5. Perused the entire material available on record. The petitioner has filed this petition aggrieved by the action of the respondent authorities in not considering the representation submitted by the petitioner on 09.02.2015 and 09.11.2021. However, it can be seen from the counter affidavit that the petitioner’s representations were considered by the 3rd respondent vide proceedings dated 03.12.2021 and her request for compassionate appointment was rejected. Though the 3rd respondent rejected the petitioner’s request on 03.12.2021 itself, the petitioner, instead of challenging the rejection order dated 03.12.2021, approached 5 VS,J W.P.No.28845 of 2022 this Court to declare the action of the respondents in not considering the petitioner’s representation dated 09.02.2015 and subsequent reminder representation dated 09.11.2021. In view of the same, this Court is of the opinion that the cause in the writ petition would not survive for further adjudication. However, the petitioner is at liberty to challenge the proceedings dated 03.12.2021 of the 3rd respondent, if so advised. 6. Accordingly, this writ petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 22.06.2026 Gss