IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) A TUESDAY, THE ELEVENTH DAY OF FEBRUAR'/i TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16996 OF 2023 rj Between: Kapuganti Swarna Latha@ L. Swarna Latha, D/o Prakashrao, Aged about 39 years, R/o D.N0.8-3-24/4, Palavarthy vari street, Sai nikil residency, Gandhi nagar, Kakinada(Urban), East Godavari District, Andhra Pradesh. ...PETITIONER AND 1. The District Collector, Kakinada, East Godavari District, 2. The Dist. Medical and Health Officer, Kakinada, East Godavari District. 3. The Addl. Dist. Medical and Health Officer, Kakinada, East Godavari District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi, Guntur 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 a)To issue a Writ, order or direction more particularly one nature of Writ of MANDAMUS by declaring the entire action of the respondents, particularly the action of the 1st and rejecting the genuine claim of the in the 2nd respondents in petitioner for compassionate appointment vide impugned endorsement Ref. No. 602/E2/2021 7-2023of the district Medical and Health Officer , dated 03- Kakinada district/1 St Respondent as highly illegal, arbitrary, unjust, improper, colourable exercise of power, total non-application of mind without any valid reason 4 and contrary various judicial pronouncements in the subject matter including scheme, notified by the Govt, for the Children of the deceased who die in harness and set-a-side the same. b)And consequently to direct the respondents to forthwith consider the genuine claim of the petitioner for compassionate appointment in a suitable post in air place of her Late Father Kapuganti Swarna Prakash Rao, who died while in service on 25-4-2021 without reference to the present impugned Ref. 602/E2/2021, dated 03-07-2023 of the District Collector and District Medical and Health Officer, Kakinada district/of the 1 Respondents. No. St nd and 2 lA NO: 1 OF 2023 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 respondents to forthwith consider the genuine claim of the petitioner for compassionate appointment in a suitable post in the place of her Late Father Kapuganti Prakashrao who died while in service on 25-4-2021, by suspending the operation impugned Ref. RC.No. 602/E2/2021, dated 03-7-2023 of the 1®' respondent.^ Counsel for the Petitioner: SRI K. APPA RAO ^ Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent Nos.2 to 4: GP FOR SERVICES IV The Court made the following; ORDER APHC010333452023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16996/2023 Between: ...PETITIONER Kapuganti Swarna Latha/I Swarna Latha AND ...RESPONDENT(S) The District Collector and Others Counsel for the Petitioner: 1. K APPA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES IV 2.GP FOR SERVICES 1 The Court made the following: ORDER The Petitioner’s father Kapuganti Prakash Rao, while working as a Field Worker, FRTC, Kakinada died on 25.04.2021 in service leaving behind him, his wife, son and daughter. The petitioner is the daughter. The marriage of the petitioner was performed, however, has been residing with her parents. The petitioner and husband are unemployed. The petitioner made a representation dated 13.07.2022 by annexing the necessary documents to employ on compassionate grounds. The brother of the petitioner gave a consent letter dated 13.07.2022. b) After receipt of the respondent requested the 3'''^ conduct an representation of the petitioner, the 2^^ respondent to appoint an enquiry officer to enquiry on the financial and employment members of the deceased employee and to submit officer submitted status of the family a report, The enquiry a report on 16.07.2022. The 2'’'^ vide Rc.No.602/E2/2021 dated 03.07.2023 the ground that the petitioner i respondent by proceedings (Ex.P1) rejected the application on IS a married daughter. Impugning the same the above writ petition is filed. 2. A counter affidavit was filed by the 2 interalia, that the representation of the nd respondent. It was contended petitioner was considered and rejected because of G.O.Ms.No.350 General Administration 30.07.1999 and Government Memo (Ser-A) Department dated No.406/10/A1/Admn.11/2004 Fin (Admn.ll) The petitioner is a married woman and her as such, she cannot be treated Department dated 20.03.2024. husband is alive as dependent on her father, however, he did on compassionate grounds and therefore The petitioner’s younger brother is an eligible family member not apply for appointment the petitioner’s case was rejected. 3. Heard Sri K.Apparao, learned counsel for petitioner and Sri S.Raiu learned Assistant Government Pleader for Services for respondents. Learned counsel for the Government Pleader for Services averments in the affidavit and counter affidavit 5. Now, the point for consideration is; Whether the proceedings vide Rc.No.602/E2/2021 (Ex.P1) are legally sustainable? 6. As seen from the pleadings and material available on record, there is no dispute that the petitioner's father died in harness on 25.04.2021 while i 4. petitioner as well as learned Assistant as per the reiterated the contentions respectively. dated 03.07.2023 in service and the petitioner made a representation by annexing all the documents and the brother of the petitioner gave no objection affidavit. The Additional District Medical & Health Officer, Kakinada was appointed as enquiry officer to conduct an enquiry on the financial and employment status of the family members of the deceased Government employee. The enquiry officer submitted a report on 16.07.2022. 7. The District Medical & Health Officer, Kakinada addressed a letter to 1®* respondent-District Collector vide Rc.No.602/E2/2021, dated 16.08.2022 (Ex.PS) to issue a necessary order in respect of the petitioner’s appointment on compassionate grounds as per educational qualifications. In the said letter, it was stated as follows: “In this connection, I submit that the available Vacancies & roster Points has been Already submitted to the Collector a District Magistrate, Kakinada District, Kakinada in the cadre of Junior Assistants posts under the control of District Medical a Health Officer, Kakinada. The said individual belongs to ‘OC’. The Roster point O.C. is not available for providing employment assistance to the said individual Smt. L.Swarna Latha has requested to provide employment Junior Assistant vide ref. 4‘^ cited above. as Hence, I requested to kindly issue necessary orders in respect of Smt.L.Swarna Latha (married daughter), D/o of late Sri K.Prakash Rao, under compassionate grounds as per her education qualifications.” Despite the above-said letter, the 2'^'^ respondent rejected the claim of the petitioner. 8. Whether the married daughter is entitled to employment on compassionate grounds is no longer res Integra. The Division Bench of the composite High Court in W.P.No.16242 of 2013 dated 20.06.2013 and another Division Bench in W.P.No.41931 of 2017 dated 05.06.2018 considered the said aspect and held in affirmative. This Court also considered the order of the Division Bench and learned single Judge and held that the married daughter is entitled to employment on compassionate grounds, if the daughter is dependent upon her parents. 9. In Ex.P1 order, the 2"'* respondent, simply rejected the case of the petitioner on the ground that she is a married daughter and she has a younger brother, who is eligible and did not apply for compassionate employment, in the considered opinion of this Court, the impugned order passed suffers from not only lack of reasons but also runs contrary to the orders passed by the Division Bench of the composite High Court in W.P.No. 16242 of 2013 dated 20.06.2013 and another Division Bench in W.P.No.41931 of 2017 dated 05.06.2018. 10. Given the discussion proceedings issued by the 2 supra, the Writ Petition is allowed. The nd respondent vide Rc.No.602/E2/2021 dated 03.07.2023 (Ex.PI) are set aside. The matter is remitted back to the 2 respondent. Learned 2"'" respondent shall consider the application made by the petitioner, for compassionate appointment, keeping in view, passed by the Division Bench of the composite High Court of Andhra Pradesh in W.P.No.16242 of 2013 dated 20.06.2013 and another Division Bench in nd the orders W.P.No.41931 of 2017 dated 05.06.2018, within eight weeks from the date of receipt of a copy of this order. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// OFFICER S To, 1. The District Collector, Kakinada, East Godavari District, 2. The Dist. Medical and Health Officer, Kakinada, East Godavari District. 3. The Addl. Dist. Medical and Health Officer, Kakinada, East Godavarf' District. 4. The Principal Secretary, Medical and Health Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur Districtf^ 5. One CC to Sri K. Appa Rao, Advocate [OPUC] 6. Two CCs to GP for Services- I, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Services- IV, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb HIGH COURT DATED;11/02/2025 ORDER WP.No.16996 of 2023 SF andh^ X 0 3 MAR 2025 tOl ^ Current Section PCSPATCy?^^ ALLOWING THE W.P. WITHOUT COSTS