APHC010217512021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Nineteenth day of March, Two Thousand Twenty Five Present The Honourable Ms Justice B.S.Bhanumathi Writ Petition (AT) No. 77/2021 Between: G.Shobha ….Petitioner and The State of Andhra Pradesh and others ...Respondent (s) Counsel for the Petitioner: 1. M.Karibasaiah Counsel for the respondent(s): 1. P.C Reddy (SC for Service Municipalities RR, Nellore) 2. GP for Services-I The Court made the following Order: This writ petition was registered before this High Court on the matter in O.A.No.815 of 2016 being transferred from the Andhra Pradesh Administrative Tribunal. 2 BSB,J W.P (AT) No.77 of 2021 02. The petition was filed under Article 226 of the Constitution of India to declare the action of the respondents in not considering the applicant’s claim for compassionate appointment in any suitable post is highly illegal, arbitrary unjust and violative of Art 14, 16 and 21 of the Constitution of India and consequently direct the respondents to appoint the applicant in any suitable post on compassionate grounds and to release all pensionary benefits to the applicant. 03. The petitioner who is the daughter of late G.Purushotham filed this petition to direct the respondents to consider her application for appointment on compassionate ground, since her father died on 19.12.2014 while in service working as a night watchman in N.M.M.H. School, Adoni. 04. The petitioner stated that the authorities informed her that the respondent No.4 was trying to claim terminal benefits of the deceased and seeking appointment to her son i.e., the 5th respondent on compassionate ground. According to the petitioner, the 4th respondent is not a wife of the deceased and the names of the respondents No.4 & 5 were not entered in the service record of the deceased. 05. The respondent No.3 filed counter affidavit stating that as per the family members certificate dated 23.10.2015 issued by the Tahsildar, Adoni Mandal, the deceased left behind him the following members: 3 BSB,J W.P (AT) No.77 of 2021 Sl. No. Name of the family member Relation with the deceased Marital Status Age (years) 1 Smt.K.Mariyyamma (late) 1st wife Died - 2 B.Shobha (petitioner herein) 1st wife daughter Married 36 3 Rajanna 1st wife son Married 32 4 G.Santhoshamma 2nd wife Married 45 5 K.Mariyamma 2nd wife daughter Married 32 6 V.Jyothi 2nd wife daughter Married 31 7 K.Sravanthi 2nd wife daughter Married 26 8 G.Babu Rao 2nd wife son Married 27 06. It is further stated that the petitioner, along with the 4th respondent and the natural brother of the petitioner (Rajanna) filed affidavits on 26.01.2015, 19.01.2015 and 30.04.2015 respectively requesting to give compassionate appointment to the 5th respondent. The copies of affidavits are annexed to the counter affidavit. It is further stated that the 5th respondent and Rajanna executed an undertaking affidavit in which Rajanna relinquished his right for compassionate appointment, on receiving certain amount. The copy of the said affidavit is annexed to the counter. It is further stated that in view of the understanding among the family members of the deceased, the Chairperson of the Adoni Municipal Council, vide Roc.No.1079/2016/C1, dated 16.02.2016, appointed the 5th respondent as an attender on compassionate ground and paid him admissible gratuity amount of Rs.6,66,683/- as legal 4 BSB,J W.P (AT) No.77 of 2021 guardian. A copy of the same is annexed to the counter. It is prayed to dispose of writ petition under the above circumstances. 07. No reply affidavit has been filed so far, though the counter affidavit was filed on 27.12.2023. 08. The learned counsel for the petitioner submitted that no order is required in the writ petition in view of the developments subsequent to filing of the writ petition. 09. Accordingly, writ petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Dated 19.03.2025 GRL 5 BSB,J W.P (AT) No.77 of 2021 08 THE HONOURABLE MS JUSTICE B S BHANUMATHI Writ Petition (AT) No.77 of 2021 Date: 19.03.2025 GRL 6 BSB,J W.P (AT) No.77 of 2021 HIGH COURT OF ANDHRA PRADESH: AMARAVATI MAIN CASE No: W.P.(A.T) No.2160 of 2021 16 PROCEEDING SHEET SL. NO. DATE ORDER OFFICE NOTE 03.03.2025 BSB, J 7 BSB,J W.P (AT) No.77 of 2021 SL. NO. DATE ORDER OFFICE NOTE No representation for the petitioner today or on 21.11.2024, 21.12.2024 and 28.12.2024. The learned Assistant Government Pleader Services-I placed on record the written instructions of Engineer in Chief, RWS & S, AP, Vijayawada dated 04.02.2025 stating that the request of the petitioner was considered for promotion to the post of Superintending Engineer, RWS & S vide G.O.Ms.No.47, PR & D ESSD.II Dept. Dated 12.08.2022 and the petitioner assumed the charge of the said post on 16.08.2022 and presently working in such capacity. Under the above circumstances, the petition is dismissed for default. __________________ B.S.BHANUMATHI,J GRL 8 BSB,J W.P (AT) No.77 of 2021 SL. NO. DATE ORDER OFFICE NOTE