NADELLA VICTORIA IMMANUEL v. THE STATE OF ANDHRA PRADESH
WP/17326/2025 · 2025-07-10
Challa Gunaranjan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24412 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24412 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
V! • i APHC010345042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17326 OF 2025 Between:
1. Nadella Victoria Immanuel. W/o. N.Ezra, Aged about 53 years, R/o. B.C. Colony, Besthavaripeta Mandal, Prakasam District. 2. Nagella Newton Nathaniel, S/o. N.Ezra, Aged about 28 years, R/o. B.C. Colony, Besthavaripeta Mandal, Prakasam District. ...Petitioners AND
1. The State Of Andhra Pradesh, Represented by its Principal Secretary School Education Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Director of School Education, Vidya Bhavan. Mangalagiri, Guntur District
3. The District Collector, Prakasam at Ongole
4. The Regional Joint Director of School Education, Ongole. 5. The District Educational Officer, Ongole
6. J G M Elementary School, Besthavaripeta, Ongole, Prakasam 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 to issue a Writ of Mandamus or any other appropriate writ, order or
direction, declaring the action of the respondents in not providing the compassionate appointment to the 2nd petitioner by considering the representations dated 06.07.2018, 26.02.2019, 01.12.2020 and 26.08.2024 of the 1st petitioner as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to provide compassionate appointment to the 2nd petitioner in any post in terms of G.O.Ms.No.113, Education (SEPS-1) Department, dated 06.10.2009. 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 direct the respondents to consider the representation dated 26.08.2024 providing compassionate appointment to the 2nd petitioner in any post in terms of G.O.Ms.No.113 Education (SEPS-1) Department, dated 06.10.2009. Counsel for the Petitioners: SRI K RAGHU VEER Counsel for the Respondent Nos. 1 to 5: GP FOR SCHOOL EDUCATION The Court made the following order: r to by
/ APHC010345042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3506] FRIDAY, THE ELEVENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.17326 of 2025 Between: 1.NADELLA VICTORIA IMMANUEL, W/o. N.EZRA, ABOUT 53 YEARS, R/o. B.C. COLONY, BESTHAVARIPETA MANDAL, PRAKASAM DISTRICT.
AGED 2.NAGELLA NEWTON NATHANIEL, S/o. N.EZRA, ABOUT 28 YEARS, R/O. B.C. COLONY, BESTHAVARIPETA MANDAL, PRAKASAM DISTRICT. AGED ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY SCHOOL EDUCATION ITS PRINCIPAL SECRETARY, DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, VIDYA BHAVAN, MANGALAGIRI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, PRAKASAM AT ONGOLE. 4.THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, ONGOLE. 5.THE DISTRICT EDUCATIONAL OFFICER, ONGOLE. 6.J.G.M. ELEMENTARY SCHOOL, BESTHAVARIPETA, ONGOLE, PRAKASAM DISTRICT. ...RESPONDENT(S):
2 CGR,J W.P.No.17326 of 2025 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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in not providing the compassionate appointment to the 2^^^ petitioner by considering the representations dated 06.07.2018, 26.02.2019, 01.12.2020 and 26.08.2024 of the 1"‘ petitioner as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to provide compassionate appointment to the 2'^'^ petitioner in any post in terms of G.O.Ms.No.113, Education (SEPS-1) 06.10.2009 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice. Department, dated Counsel for the Petitioner{S):
I.K. RAGHU VEER Counsel for the Respondent(S):
1.GP FOR SCHOOL EDUCATION The Court made the following:
3 CGR,J W.P.No.l7326of2025 ORDE R: Heard Sri K. Raghu Veer, learned counsel for petitioners, and learned Government Pleader for School Education for respondent Nos.1 to 5. 2. The grievance of petitioners is that their request for providing compassionate appointment to 2^^ petitioner, in terms of G.O.Ms.No.113, Education (SE.PS.I) Department, dated 06.10.2009, in view of death of husband of 1®^ petitioner, has not been considered and processed. The husband of petitioner died on 17.04.2018, while working in an aided post of Secondary Grade th St Teacher in 6 respondent-school.
1 Petitioner made representations dated 06.07.2018, 26.02.2019, 01.12.2020 and 26.08.2024 to respondent authorities, requesting for providing compassionate appointment to 2 Correspondent of respondent-school also recommended for the nd petitioner, and even same to 5 respondent, by proceedings dated 07.03.2019. 3.
Learned counsel for petitioners submits that it would suffice to direct respondent Nos.4 and 5 to consider and pass appropriate orders on aforesaid representations.
4. Learned Assistant Government Pleader has placed on record written instructions stating that there are no sanctioned non-teaching posts in 6‘^ respondent-school and even the school has now been
SI M . 4 CGR,J W. P. No. 17326 of 2025 \ V closed and thus, the request of petitioners for compassionate ■fe' ■■ appointment could not be considered. He, however, submits that the representations of petitioner would be considered in accordance with law. In view of aforesaid
submissions, without expressing any
5. opinion on merits of the matter, with the consent of both the learned counsel, the Writ Petition is disposed of at the admission stage, by directing respondent Nos.4 and 5 to consider and pass appropriate St petitioner’s representations dated 06.07.2018 orders on 1 26.02.2019, 01.12.2020 and 26.08.2024, within a period of six weeks from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.
SD/- N. NAGAMMA | ASSISTANT REGISTRAR ' //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
2. The Commissioner and Director of School Education, Vidya Bhavan, Mangalagiri, Guntur District
3. The District Collector, Prakasam at Ongole
4. The Regional Joint Director of School Education, Ongole.
5. The District Educational Officer, Ongole
6. J G M Elementary School, Besthavaripeta, Ongole, Prakasam District.
7. One CC to Sri K Raghu Veer Advocate [OPUC] 8., Two CCs to GP for School Education, High Court of Andhra Pradeshi [OUT]
9. Two CD Copies TF
HIGH COURT DATED:11/07/2025
ORDER WP NO. 17326 OF 2025 » 3 t Jill 2025 ^ . Current Section . m
9.
DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS