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2024 DAILYLAW 1943 (AP)

C RAJU v. THE STATE OF ANDHRA PRADESH

WP/25703/2024 · 2026-07-22

Balaji Medamalli

body2024

Judgment text

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APHC010495052024 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 25703 OF 2024 Between: 1. C RAJU, S/o. late C.Aroghyaswamy, Subordinate (on outsourcing) Society Limited, Chittoor, Chittoor District. 1. THE STATE OF ANDHRA PRADESH, Social Welfare Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Managing Director/Vice Chairman, Andhra Pradesh Scheduled Caste Service Cooperative Society Limited 3. The District Scheduled Castes Service Cooperative Society Limited, Rep. by its Executive Director, 1st Floor, Ambedkar Bhavan Building Campus, Eluru Road, Chittoor, Chittoor District. 4. The District Collector and Chairman, District Sched Cooperative Society Limited, 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 to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in denying the appointment on compassionate grounds consequent upon the death of the of the petitioner in a road acciden compassionate appointment to the members of the bereaved employee who died in harness is extended to State Level Public illegal, arbitrary, and discriminatory being violative of Ar IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 25703 OF 2024 1. C RAJU, S/o. late C.Aroghyaswamy, Aged about 30 years, working as Office Subordinate (on outsourcing) District Scheduled Castes Service Cooperative Chittoor, Chittoor District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Principal Secretary, Secretariat Buildings, Velagapudi, Guntur District. 2. The Managing Director/Vice Chairman, Andhra Pradesh Scheduled Caste Service Cooperative Society Limited Tadepalli, Guntur District. The District Scheduled Castes Service Cooperative Society Limited, Rep. by its Executive Director, 1st Floor, Ambedkar Bhavan Building New Collectorate Campus, Eluru Road, Chittoor, Chittoor District. 4. The District Collector and Chairman, District Scheduled Castes Service Cooperative Society Limited, Chittoor, Chittoor District. ...Respondents 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 issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in denying the appointment on compassionate grounds consequent upon the death of the of the petitioner in a road accident while is Govt. Service despite the compassionate appointment to the members of the bereaved family of the employee who died in harness is extended to State Level Public Enterprises as illegal, arbitrary, and discriminatory being violative of Article 14, 16 and 21 of the P a g e | 1 IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI Aged about 30 years, working as Office District Scheduled Castes Service Cooperative ...Petitioner Represented by its Principal Secretary, Secretariat Buildings, Velagapudi, Guntur District. 2. The Managing Director/Vice Chairman, Andhra Pradesh Scheduled Caste The District Scheduled Castes Service Cooperative Society Limited, Rep. by New Collectorate uled Castes Service ...Respondents 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 issue an order or direction more particularly one in the nature of the Writ of Mandamus declaring the action of the respondents in denying the appointment on compassionate grounds consequent upon the death of the father t while is Govt. Service despite the scheme of family of the Enterprises as 16 and 21 of the P a g e | 2 Constitution of India and consequently direct the Respondents to consider the representation dated 11.07.2024 to appoint the petitioner on the compassionate grounds as Office Subordinate instead of utilizing the services of the petitioner on outsourcing basis and to pass IA NO: 1 OF 2024 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 to direct the Respondents to justice consider the representation dated 11.07.2024 to appoint the petitioner on the compassionate grounds as Office Subordinate instead of utilizing the services of the petitioner on outsourcing basis, pending disposal of the writ petition 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 to grant leave to the Petitioner to file the Reply Affidavit in W.P.No.25703 of 2024 in interest of justice and to pass Counsel for the Petitioner: RAJENDRA C Counsel for the Respondents: GANDRALA RATHNA KUMAR SC For APSCCFC LTD Counsel for the Respondents: GP FOR SERVICES II The Court made the following order: P a g e | 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 25703 OF 2024 ORDER: 1. This Writ Petition is filed challenging the action of the respondents in denying the petitioner’s appointment on compassionate grounds consequent upon the death of his father, who died in a road accident on 25.04.2009 while discharging his duties as a Driver in the respondents Corporation. 2. The petitioner's mother submitted an application through respondent No.4 seeking compassionate appointment for the petitioner to a suitable post. However, the said request was not considered. Aggrieved by the inaction of the respondents in considering his claim for compassionate appointment, the petitioner has filed the present Writ Petition seeking a direction to the respondents to consider his case, as he is eligible for appointment on compassionate grounds in view of the death of his father while in service. 3. In the counter affidavit, it is stated that the petitioner's request for compassionate appointment has been forwarded to the Vice-Chairman and Managing Director, A.P.S.C. Co-operative Finance Corporation Ltd., Tadepalli, Vijayawada, and that the same is pending consideration. The relevant portion of the counter affidavit reads as follows: 8….. Sri C. Raju S/o Late C.Arogyaswamy, O/o District S.C Co-operative Society Ltd., Chitoor has submit the representation to this office and requested to consider his request for providing compassionate appointment and the same was submit to VC & Managing Director, A.P.S.C Coop. Finance Corporation Ltd., Tadepalli, Vijayawada vide Lr.Roc.No.A/65/2024, dated 06.07.2024 on humanitarian Grounds, it is pending for consideration. 4. In view of the aforesaid stand taken by the respondents, this Court is of the view that no further adjudication on the merits of the claim is necessary at this stage. Since the proposal forwarded by the District S.C. Co-operative Society Limited, Chittoor, vide Lr.Roc.No.A/65/2024, dated 06.07.2024, is P a g e | 4 admittedly pending before respondent No.2, the ends of justice would be met by directing respondent No.2 to consider the said proposal in accordance with law. 5. Learned counsel for the petitioner also confined his request to a direction to respondent No.2 to consider and pass appropriate orders on the proposal forwarded by the District S.C. Co-operative Society Limited, Chittoor, vide Lr.Roc.No.A/65/2024, dated 06.07.2024. 6. Accordingly, the Writ Petition is disposed of directing respondent No.2 to consider the proposal forwarded by the Executive Director, District S.C. Co- operative Society Limited, Chittoor, vide Lr.Roc.No.A/65/2024, dated 06.07.2024, relating to the petitioner's claim for appointment on compassionate grounds, and pass appropriate orders, in accordance with law, as expeditiously as possible, preferably within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed. _____________________ BALAJI MEDAMALLI, J Date: 23.07.2026 SAK Whether the order is: Speaking Yes / Reasoned No Reportable No / Non-Reportable Yes P a g e | 5 61 THE HONOURABLE JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 25703 OF 2024 Date: 23.07.2026 SAK