APHC010287832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14562/2025 Between: 1. RAMANAMMA ROKALA, D/O LATE ROKALA SATHIBABU, AGED 40 YEARS, R/O D.NO.4-8-30, KRISHNA MURTHY STREET, RAMAKRISHNA RAO PET, KAKINADA (URBAN), KAKINADA, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL CORPORATION, SECRETARIAT BUILDING, AMARAVATI, GUNTUR DISTRICT 2. THE COMMISSIONER, KAKINADA MUNICIPAL CORPORATION 3. THE ASSISTANT COMMISSIONER, KAKINADA MUNICIPAL CORPORATION 4. 4. THE MUNICIPAL MANAGER, KAKINADA MUNICIPAL CORPORATION 5. THE ENQUIRY OFFICER, KAKINADA MUNICIPAL CORPORATION 6. THE SANITARY SUPERVISOR1, KAKINADA MUNICIPAL CORPORATION ...RESPONDENT(S): 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 Writ order or Direction more particularly one in the nature of 2 CGR,J W.P.No.14562/2025 Writ of Mandamus, declaring the action of the 2nd Respondent in rejecting the Claim of the Petitioner for Compassionate Appointment vide Impugned Proceedings vide R.O.C.NO.413/2024/F1. dated. 08-09-2024 as illegal, improper arbitrary and contrary to the order passed in WP.No.7059 of 2021 dated.18-10-2024, and State Government Circular Memo No.60681/Ser. A/2003-1, General Administration (Ser A) Department, dated.12-08-2003 and set aside the same and consequently direct the respondents to appoint the petitioner on compassionate grounds as per her eligibility and to pass IA 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 2nd respondent to reconsider the case of the petitioner in terms of the Judgment in WP.No.7059 of 2021 dated. 18-10-2024, and State Government Circular Memo No.60681/Ser.A/2003-1, General Administration (Ser A) Department, dated.12-08-2003 for Compassionate Appointment and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. M Krishna Rao SC for SKL VZM KKD Municipal Corporations 2. GP FOR SERVICES I 3 CGR,J W.P.No.14562/2025 The Court made the following ORDER: Petitioner has made claim for compassionate appointment has her father died in service while working as Public Health Worker with respondents’ Corporation. The said application came to be rejected by impugned endorsement dated 08.09.2024 on the ground that petitioner has not produced legal divorce orders as she claims to have separated with her husband. Assailing the same, the present writ petition is filed. 2. Heard Ms. Devasri Roshan K, learned counsel for the petitioner and learned Government Pleader for Services-I for the respondents. 3. Learned counsel for the petitioner contends that the claim of petitioner for compassionate appointment though she is in the capacity of divorced daughter of the deceased employee, for the purpose of scrutiny and assessment as to whether she is entitled for compassionate appointment her status as divorced woman would have no relevance, therefore, insisting legal separation documents is bad in law. Learned counsel by referring to the agreement dated 07.03.2018 entered between the petitioner and her husband agreeing for separation, would contend that same would suffice for the purpose of treating her status as single woman. Further, reliance is sought to be placed on judgment rendered by the Coordinate Bench of this Court in W.P.No.7059 of 2021 to contend that even if daughter is married, the right to claim for compassionate appointment is not taken away. Therefore, the respondents, instead of considering the application in objective manner in terms of G.O.Ms.No.350, General Administration (SER-A) Department, dated 30.07.1999, rejected her case on filthy ground. 4 CGR,J W.P.No.14562/2025 4. Learned Standing Counsel appearing for respondent-Corporation has sought for time to get instructions on 20.06.2025 and 27.06.2025 and today further request has been made seeking time for instructions. 5. Perusal of the impugned endorsement dated 08.09.2024 go to show that the request of the petitioner came to be rejected only on account of non furnishing of the orders granting divorce. In opinion of this Court, the requirement of said order would not come in the way of deciding the issue as to whether petitioner is considered for compassionate appointment. This Court in W.P.No.7059 of 2021 already expressed that even married daughter is also entitled to be considered for compassionate appointment subject to satisfying other criteria and requirements. 6. Therefore, the Writ Petition is disposed of by setting aside the impugned endorsement dated 08.09.2024, directing the respondent to reconsider the application of the petitioner dated 08.08.2024 for compassionate appointment in terms of her eligibility and as per the criteria laid down for consideration of compassionate appointments and pass appropriate speaking orders within two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 04.07.2025 KAS 5 CGR,J W.P.No.14562/2025 92 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14562/2025 Date: 04.07.2025 KAS