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High Court of Andhra Pradesh · body

2025 DAILYLAW 11413 (AP)

M. Siva Krishna, v. The State of Andhra Pradesh,

WP/6865/2025 · 2025-03-20

Challa Gunaranjan

body2025

Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTIETH''DAYOF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARAR'JA WRIT PETITION NO: 6865 OF 2025 Between: M. Siva Krishna, S/o. M. Kurumanna, aged about 35 years, H.No.1-35-87- li-1, Indra Nagar, Atmakur, Nandyal District, Andhra Pradesh State. ...PETITIONER AND 1,. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance (HR.Ill) Secretariat, A.P. Velagapudi, Guntur Dist. 2^ The State of Andhra Pradesh, rep, by its Principal Secretary, Agriculture and Cooperation (Sericulture) Dept. Secretariat, A.P. Velagapudi, Guntur Dist. 3. The Commissioner of Sericulture, Government of Andhra Pradesh, Vijayawada, Krishna District. 4. The District Collector and Magistrate, Kurnool, Kurnool District. 5. The Assistant Director of Sericulture, Kurnool 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 pleased to issue a wit order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents for not providing compassionate appointment as the petitioners father died due to heart attack and not providing the employment on compassionate grounds is illegal, arbitrary, discriminatory and violate of Articles 14,16, 19 and 21 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for appointment on compassionate I* grounds by extending the benefit of G.O.MS.No.612, 30.10.1991 and consequential G.O.Ms.No.118, Dated; 18.8.1999. GAD, dated: / lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the respondents to consider the case of the petitioner for appointment on compassionate grounds in terms of G.O.MS.No.612, GAD Dated; 30.10.1991 and consequential G.O.Ms.No.118 may be dated; 18.8.1999 issued by the Government, pending disposal of the above writ petition. Counsel for the Petitioner: SRI K. SRINIVASA PRASAD Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent Nos.2 to 4: GP FOR SERVICES-II The Court made the following: ORDER % ■tv. APHC010131882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] H. THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6865/2025 Between; ...PETITIONER M. Siva Krishna AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.K SRINIVASA PRASAD Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II 4 2 4’V The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- "...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents for not providing compassionate appointment as the petitioner’s father died due to heart attack and not providing the employment compassionate grounds is illegal, arbitrary, discriminatory and violate of Articles 14,16, 19 and 21 of the Constitution on of India and consequently direct the respondents to consider the case of the petitioner for appointment compassionate grounds by extending the benefit of G.O.Ms.No.612 on GAD dated:30.10.1991 consequential G.O.Ms.No.118, Dated:18.8.1999 and to pass such other order or orders....” and 2. Heard Sri K.Srinivasa Prasad, learned counsel for the petitioner and learned Assistant Government Pleader for Services-ll for respondents. 3. The petitioner’s father, while working as contingent worker with 5*^ respondent, died in harness on 16.01.2008. The deceased is survived by wife, petitioner and petitioner’s sister. Initially petitioner’s mother by an application dated 12.05.2008 sought for compassionate appointment in terms of G.O.Ms.No.612, General Administration (Services-A) Department, dated 30.10.1991 and G.O.Ms.No.118, Finance and Planning (FW.PC.III) Department, dated 18.08.1999. Later, petitioner also made an application dated 3 for compassionate appointment also stated to be pending not taken any decision on 28.06.2003 to consider his case instead of his mother, which is consideration. Since the respondents are the aforesaid application, the petitioner is constrained to file present father being sole bread-winner, writ petition. As the petitioner’s passed away, and they the petitioner is entitled to be appointment. do not have any other financial resources. considered for compassionate counsel for the petitioner submits that it would suffice consider the representation submitted .06.2023, for the purpose of compassionate G.O.Ms.No.612, General Administration 30.10.1991 and G.O.Ms.No.118, (FW.PC.lll) Department, dated 18.8.1999. Pleader submits that the dated 28.06.2023, will be considered in 4. Learned to direct the respondents to by the petitioner on 28 appointment in terms of (Services-A) Department, dated Finance and Planning Learned Assistant Government petitioner’s representation accordance with law. 5. without expressing any In view of the above submissions the merits of the matter, the Writ Petition is disposed of, and 5 to consider and pass appropriate 6. opinion on directing respondent Nos.3 dated 28.06.2023 for a period of six (06) weeks from petitioner’s representation compassionate appointment, within orders on 4 / ' K the date of receipt of a copy of this order, strictly in accordance with law and in terms of G.O.Ms.No.612, General Administration (Services-A) Department, dated 30.10.1991 and G.O.Ms.No.118, Finance and Planning (FW.PC.Ill) Department, dated 18.08.1999. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Principal Secretary. Finance (HR.III), State of Andhra Pradesh. 1. The Secretariat, A.P. Velagapudi, Guntur Dist. 2. The Principal Secretary, Agriculture and Cooperation (Sericulture) Dept., State of Andhra Pradesh, Secretariat, A.P. Velagapudi, Guntur Dist. 3. The Commissioner of Sericulture, Government of Andhra Pradesh Vijayawada, Krishna District. District Collector and Magistrate, Kurnool, Kurnool District. 4. The 5 7he Assistant Director of Sericulture, Kurnool District. 6. One CC to Sri K. Srinivasa Prasad, Advocate [OPUC] GP for Services-I, High Court of Andhra Pradesh. [OUT] GP for Services-ll, High Court of Andhra Pradesh. [OUT] 7. TwoCCsto 8. Two CCs to 9. Three CD Copies. ssb HIGH COURT DATED:20/03/2025 ORDER WP.No.6865 of 2025 f 2 S MAR 2025 § ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS