APHC010348032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17594 OF 2025 Between: Pattapu Divya Jyothi @ B Jyothi Kumari, W/o. Late Pattapu Mangeswara Rao, aged about 43 years, R/o.D.No. 7-128, PSR Colony, Ramavarrapadu, Vijayawada, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Through the Principal Secretary, Department of Energy, Secretariat, Velagapudi, Amaravathi Guntur District. 2. The A P Central Power Distribution Corporation Limited, Rep. by Its Chairman and Managing Director, besides Polytechnic College, ITI College Road, Vijayawada, N.T.R. District. 3. The Superintending Engineer Operation, APCPDCL, Vijayawada, NTR District. 4. The Accounts Officer, Finance Circle Office, APCPDCL, Vijayawada, NTR 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondent No.3 in issuing the impugned vide Lr.No SE/0//NTRA/JA/P0/JA0.I/U 3/D.N0 166/25 Dt 25/06/2025 insisting the petitioner to pay all dues to third parties and subject to production of revised no due certificate from the 4th respondent as illegal arbitrary, without jurisdiction and consequently direct the respondents to issue appointment order not to insist the petitioners clear the dues to third parties in pending suits filed against the deceased husband of the petitioner pursuant to the letter of the 3rd respondent vide Lr.No SE/0//NTR/VJA/P0/JA0.I/U3/D.N0 166/25 Dt. 25/06/2025. 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 to direct the respondents to issue appointment order not to insist the petitioner to clear the dues to third parties in pending suits filed against the deceased husband of the petitioner without reference to the letter of the 3rd respondent vide Lr.No. SE/0//NTRA/JA/PO/JAO.I/U3/D.No. 166/25 Dt. 25/06/2025, pending disposal of the above writ petition. Counsel for the Petitioner: SRI GHANTASALA UDAYA BHASKAR Counsel for the Respondent Nos. 2 to 4: SRI V V SATISH (SC for APEPDCL) Counsel for the Respondent No.1: GP FOR SERVICES I The Court made the following order: APHC010348032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17594 OF 2025 Between: Pattapu Divya Jyothi @ B Jyothi Kumari ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.GHANTASALA UDAYA BHASKAR Counsel for the Respondent(S): 1 .V V SATISH (SC for APEPDCL) 2.GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17594 OF 202fi ORDER The present Writ Petition is filed questioning the action of the Respondent No,3 in issuing impugned Letter dated 25.06.2025 insisting the Petitioner to pay all dues to third parties subject to production of revised No Due Certificate from the Respondent No.4 as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows: The husband of the Petitioner Mr. Mangeswara Rao was worked as Senior Assistant (ADM Section), Vijayawada in Respondent/ Corporation till his death on 04.10.2023. The Petitioner made 01.04.2024 requesting to provide for an application dated compassionate appointment. After due verification, the Petitioner dated 16.06.2025 and she was considered as Office Assistant vide Memo attended interview on 20.06.2025 also. Surprisingly, the Respondent No.3 issued impugned letter dated 25.06.2025 informing her to clear outstanding dues to the third parties and as such, issuing appointment on compassionate ground, came to be filed. imposed a condition for i Hence, the present Writ Petition 3. Learned counsel for the Petitioner Respondent No.3 has imposed would contend that the a condition to discharge alleged debts payable by her deceased husband in all, before issuing appointment orders. A specific instruction is issued by the impugned letter to the Petitioner by Respondent m \ No.3 that the appointment order will be issued only after clearing all the above dues for taking necessary action. 4. Learned counsel for Petitioner would contend that the Respondent No.3 has no authority to insist the Petitioner to clear all such debts as alleged. Further, he relied on the decision of this Court dated 09.11.2020 in W.P.No.18941 of 2020 and also dated 05.07.2022 in W.P.No.16976 of 2022 and submitted that the same is squarely covered, as the facts and circumstances are similar in nature. 5. Learned Standing Counsel for Respondents is apparently not in a position to justify this letter and seeks time to get instructions. 6. However, on perusal of the tenor of the letter of the Respondent No.3, it appears that the Respondent No.3 had taken upon himself to collect the alleged dues payable to certain third parties by the deceased husband of Petitioner. It is not known under what authority or basing on which the Respondent No.3 has stated so in his letter and particularly as a condition precedent, while appointing the petitioner on compassionate grounds is not sustainable. When the employer is expected to be very compassionate in accommodating any of the eligible legal heirs of the deceased employee, this action of the Respondent No.3 is apparently bad, as sought to be imposed petitioner, in this manner. on 7. Considering the submissions made, this Court opines that the Respondent No.3 cannot insist her to discharge all such alleged dues payable 9^ by her deceased husband as a condition precedent for issuing the appointment order, the request of the Petitioner has to be accepted, directing her to issue the appointment order on compassionate grounds. 8. In the result, this Writ Petition is disposed of. The Respondent No.3 is directed to issue the appointment order to Petitioner, without insisting her to clear the alleged dues payable to the third parties and this exercise should be completed within a period of (4) four weeks from the date of receipt of copy of this order. No costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTI^R //TRUE COPY// s^ei^rOFFICER To, 1. The Principal Secretary, Department of Energy, Secretariat, Velagapudi, Amaravathi, Guntur District. The Chairman and Managing Director, A P Central Power Distribution Corporation Limited, besides Polytechnic College, ITI College Road, Vijayawada, N.T.R. District. The Superintending Engineer Operation, APCPDCL, Vijayawada, NTR District. The Accounts Officer, Finance Circle Office, APCPDCL, Vijayawada, NTR District. One CC to Sri Ghantasala Udaya Bhaskar, Advocate [OPUC] One CC to Sri V V Satish (SC for APEPDCL) Advocate [OPUC] Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. 8. TF HIGH COURT DATED:17/07/2025 g 31 IIIL 2075 m Current Section . ^ ORDER WP NO. 17594 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS