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High Court of Andhra Pradesh · body

2025 DAILYLAW 14515 (AP)

S. Sree Vidya, v. The State of Andhra Pradesh,

WP/9449/2025 · 2025-06-19

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f % IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9449 OF 202^ O o a- * vv Between: S. Sree Vidya, aged 32 years, D/o. Late S.Prasad, H.No.17/142, Basappa street, Samsonpuram, Guntakal -515801 Ananthapuramu District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Urban Development Secretariat Buildings, Velagapudi. Guntur District, Amaravathi. 2. The Guntakal Municipality, Represented by its Commissioner Guntakal -515801 Anathapuramu District. 3. M. Mounica, D/o.M. Husenappa, D.No.3/30, SC Colony, Chayapuram, Vajrakarur Mandal, Ananthapuramu 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 be pleased to issue a Writ, Order or Direction Mandamus declaring the Inaction of the 2"" Respondent in not considering the Petitioners representation dated 03.03.2025 may more particularly a Writ of 15.03.2025 seeking Compassionate Appointment as Illegal, Arbitrary, Unconstitutiona l, and Contrary to the very object of Compassionate Appointment Scheme Consequently direct the 2 and nd Respondent to appoint the Petitioner on Compassionate grounds. 1^' 4 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 may be pleased to direct the 2^^ Respondent to consider the petitioner’s representation dated 03.03.2025 and 15.03.2025 for compassionate appointment forthwith and ensure that no appointment is made in favour of any other person, including the 3'"'^ Respondent, pending disposal of the Writ Petition, and pass Counsel for the Petitioner: SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent No.2: SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITIES Counsel for the Respondent No.3: SRI K.G.THRIMOORTHY The Court made the following: ORDER , f' ■' T APHC010180142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3506] FRIDAY ,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9449/2025 Between; ...PETITIONER S. Sree Vidya, AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1 .THATHIREDDY ASHOK SRiVASTAVA Counsel for the Respondent(S); 1.TR1MOORTHYKG 2.GP FOR SERVICES I The Court made the following; 2 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for f the following relief/s:- “...to issue a Writ, Order or Direction more particularly a Writ of Mandamus declaring the Inaction of the 2nd Respondent in not considering the Petitioners representation dated 03.03.2025 15.03.2025 seeking Compassionate appointment as Illegal, Arbitrary, Unconstitutiona l, and Contrary to the very object of Compassionate Appointment Scheme and Consequently direct the 2nd Respondent to appoint the Petitioner on Compassionate grounds and pass....” 2. Heard Sri Thatireddy Ashok Srivastava, learned counsel for the petitioner, learned Assistant Government Pleader for Services-I appearing for respondent No.1 and Sri Gudapati Lakshmi Narayana, learned Standing Counsel for respondent No.2. 3. Petitioner’s father, while working as an attender in the 2'^^ respondent organization, died in harness on 17.06.2019, leaving behind his wife, son, and daughter. Initially, the son was provided employment on compassionate grounds on 04.11.2020. Unfortunately, he also passed away on 20.01.2025, even before his services were regularized. The respondent is the wife of the deceased son. After his demise, both the petitioner, who is the daughter of the deceased original employee, and the 3'^'^ respondent, who is the wife of the compassionate appointee, claimed employment on compassionate grounds. Representations were made on 03.03.2025 and 15.03.2025 by the petitioner and on 09.05.2025 by the 3'"^ respondent. The 2'"'^ respondent is yet to take a decision on the respective applications made by both the petitioner and the 3 rd 3 respondent. Questioning the inaction in representations, the petitioner filed the present writ petition. Learned counsel for the petitioner submits that it would the 2'^'^ respondent to consider the application and the petitioner’s applications. Even learned counsel for respondent No.3, considering the aforesaid 2. suffice to direct pass appropriate orders on 3. who is also claiming compassionate appointment on account of the death of her husband who was initially provided compassionate appointment, submits that the respondent be considered while deciding the claim. 4. As there are rival claims made by both the petitioner as well as the 3^" respondent, and since the matter is seized by the 2"^^ respondent, it would suffice to direct the 2"^ respondent to decide both claims in accordance with law. rd request of 3 5. In view of the same, the writ petition is disposed of by directing the 2 respondent to consider the petitioner’s representations dated 03.03.2025 and 15.03.2025, and also the claim made by the 3 nd rd respondent for compassionate appointment, after providing due opportunity to both the parties, and to pass appropriate speaking orders in accordance with law within a period of six weeks. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand Sd/- N. NAGAMMA assistant ^GISTRAR closed. ^^CTION OFFICER //TRUE COPY// To, 1 The Principal Secretary, Municipal Administration Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi. Guntur District, Amaravathi. 2. The Commissioner, Guntakal Municipality, Guntakal -515801 Anathapuramu District. 3. One CC to Sri Thathireddy Ashok Srivastava, Advocate [OPUC] 4. One CC to Sri G. Lakshmi Narayana, SC for Municipalities[OPUC ] 5. One CC to Sri K.G. Trimoorthy, Advocate[OPUC] 6. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb X HIGH COURT DATED:20/06/2025 ORDER WP.No.9449 of 2025 DISPOSING OF THE W■P. WITHOUT COSTS