\ APHC010268992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13606 OF 2025 r. o m [0 ^3" Between: 1. Sitarampuram Sharada, W/o Late Sitarampuram Rama Naidu, Aged 44 yrs 1-115, B C Colony, Dibbanakallu Village Adoni Mandal, Kurnool District. Sitarampuram Saiteja,, S/o Late Sitarampuram Rama Naidu, Aged 23 yrs 1-115, B C Colony, Dibbanakallu Village Adoni Mandal Kurnool District. 2. ...Petitioners AND The State of Andhra Pradesh, rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati Guntur District. The Director General, A.P.Special Protection Force, Vijayawada Krishna District. The Deputy Inspector General, O/o. DG, APSPF, Guntur District The Office of Commandant, Head Quarters, Special Protection Dhyanaramam, Alpiri, Tirupati. 1. 2. 3. 4. Force, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith pleased to issue a Writ, order the High Court may be or direction, more particularly one in the nature of writ of mandamus Challenging the action of the Respondent Memorandum vide Rc.No.A1/06/APSPF/ CT no.2 for issuing 2189/ 2024, dated 30.10.2024 by rejecting the application/representation, dated 29.09.2018 and 28.10.2024 for the compassionate appointment illegal, arbitrary, non-application of mind t and colorable exercise of power, apart from f|ndarriental rights guaranteed to me under Articles 14, 16 Constitution of India and also violation of the G.O.Ms. No.661 General .Administrative (SER. G) Department dt.23.10.2008 issued by the Govt A.P. and against the Judgment rendered by the Hon’ble Apex Court in V. Sivamurthy and Anr vs State Of A.P. and Ors on 12 August, 2008. Counsel for the Petitioners: SRI NALLANI VAMSI KRISHNA Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following order: being violation of the 21 of the \ ■ APHC010268992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13606/2025 Between: Sitarampuram Sharada and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.NALLANI VAMSI KRISHNA Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 HCGRJ W.P. No. 13606 of 2025 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. Challenging the action of the Respondent no.2 for issuing Memorandum vide Rc.No.A1/06/ APSPF/CT 2189/2024, dated 30.10.2024, by rejecting the application/representation, dated 29.09.2018 and 28.10.2024 for the compassionate appointment illegal, arbitrary, non application of mind and colorable exercise of power, apart from being violation of the fundamental rights guaranteed to me under Articles 14, 16, 21 of the Constitution of India and also violation of the G.O.Ms. No.661, General Administrative (SER.G) Department dt.23.10.2008 issued by the Govt A.P. and against the Judgment rendered by the Hon’ble Apex Court in V.Sivamurthy and Anr vs State Of A.P. and Ors on 12 August, 2008 and pass such other order or orders....” 2. Heard Ms S.Mahaswetha Varma, learned counsel, representing learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. The husband of 1®‘ petitioner while working as Constable, due 3. to brain stroke, was medically invalidated to discharge duties and therefore, he was retired and relieved from service by proceedings dated 30.10.2017. Later, he stated to have succumbed on the said medical reasons. The 1®^ petitioner has submitted representation dated 29.09.2018 for consideration of her case for compassionate appointment, in view of medical invalidation, in terms of G.O.Ms.No.661 General Administrative (SER.G) Department dt.23.10.2008. As petitioner’s request was not being considered, yet 3 HCGR.J W.P.No.l3606of 2025 another letter dated 28.10.2024, came to be addressed renewing request nd for compassionate appointment. Now, by memo dated 30.10.2024, the 2 respondent rejected the same, on the ground that the petitioner has come up with request for compassionate appointment after more than six and half years, by referring to 2^^ representation dated 28.10.2024. Learned counsel for the petitioner submits that 1®‘ petitioner has made representation dated 29.09.2018, within one year, rather than considering the same, the 2'^'^ respondent erroneously referred to the later request, which is completely arbitrary and illegal. 3. 4. Learned Assistant Government Pleader appearing for respondents, on the other hand, placed on record written instructions and tried to justify the action of respondents in rejecting petitioners’ request on the ground of delay. St 5. Even, the said instructions do not refer to the 1 application/representation dated 29.09.2018. As seen from the application dated 29.09.2018, it is very much clear that the same has been received by the Office of Commandant Head Quarters, Special Protection Force, Dhyanaramam, Alipiri, Tirupati and in turn, the same has been forwarded to the Office of 2"*^ respondent on 03.06.2020. Therefore, this Court finds that when the petitioners have made applications through proper channel, even before expiry of one year, it cannot be said that by merely referring to the later application, the claim has been made after more than six and HCCRJ W.P-No.13606 of 2025 half years. This aspect of the matter was not been taken into consideration by 2"'' respondent before issuing memo. In view of the same, the impugned memo vide Rc.No.A1/06/ APSPF/CT 2189/2024, dated 30.10.2024, is set aside and the matter is remanded back to the 2 29.09.2018 (Ex-P9), submitted by 1 No.661 General Administrative (SER. G) Department dt.23.10.2008, and pass appropriate orders, within a period of six (06) weeks from the date of receipt of a copy of this order. 6. respondent to consider the application dated petitioner, in terms of G.O.Ms. nd Accordingly, the Writ Petition is disposed of. There shall be no 7. order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- N Ny^GAf/iri/tA assistant REGISI RAR -I't? - SECTiOfTOFFJCER //TRUE COPY// To, 1. The Principal Secretary to Government, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director General, A.P.Special Protection Force, Vijayawada, Krishna District. 3. The Deputy Inspector General, O/o. DG, APSPF, Guntur District. 4. The Office of Commandant, Head Quarters, Special Protection Force, Dhyanaramam, Alpiri, Tirupati. 5. One CC to Sri Nallani Vamsi Krishna, Advocate [OPUC] 6. Two CC to GP for Services - I, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM p -I HIGH COURT DATED:26/06/2025 ^ 1 n jui m I to) ^ . Current Secnon ORDER WP.No 13606 of 2025 X DISPOSING OF THE WP WITHOUT COSTS