APHC010352512021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21451 OF 2021 Between: 1. S. SIDDIKH, S/O LATE S. MOULA SAB, AGED 24 YEARS, RESIDENT OF 26-4-2230, MELAPURAM, HINDUPUR, ANANTAPURAMU DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.A. AND U.D. DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-A.P 2. THE COMMISSIONER, HINDUPUR MUNICIPALITY, ANANTAPURAMU DISTRICT. ...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 topleased to issue an appropriate Writ, Order or Direction, more particularly in the nature of a mandamus declaring the action of the 2nd respondent in rejecting the request of the petitioner for compassionate appointment vide endorsement in R.O.C.No.2312/2020/C1 dated 04.02.2021 and directing him to secure an order from a Court as wholly arbitrary, illegal, contrary to G.O.Ms. No .687, General Administration ( Ser . A) Department, dt.03.10.1977 and Circular Memo No .60681/ Ser . A / 2003 - 1 General administration (Ser.A) Department, dated 12.08.2003 besides being violative of the petitioner's rights guaranteed under Articles 14, 16 and 21 of the Constitution of India and consequently direct the 2nd respondent to appoint the petitioner on compassionate appointment and / or pass IA NO: 1 OF 2021 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 pleased to direct the 2nd respondent to consider the case of the petitioner's application dated 16.11.2020 and appoint him on compassionate grounds by suspending the endorsement in R.O.C.No.2312/2020/C1 dated 04.02.2021 and pass IA 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 pleased to grant leave to the petitioner / 2nd respondent in the W.P.No.21451 of 2021 to file the Counter affidavit in the writ petition and 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 May be pleased to permit the petitioners to implead as a party respondents no. 3‘to 7 in the writ petition in W.P.No. 21451 of 2021 as well as I.A., pending before this Hon’ble court and pass Counsel for the Petitioner: 1. VALLEPU JAGADEESH Counsel for the Respondent(S): 1. P C REDDY (SC FOR SERVICE MUNICIPALITIES RR, NELLORE) 2. GP FOR SERVICES IV 3. SIVA SANKARA RAO BORRA THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21451 OF 2021 The Court made the following order: Heard Sri Vallepu Jagadeesh, learned counsel for the petitioner and Sri P.Narasimhulu, learned counsel for the respondents. 2. The instant writ petition is filed challenging the proceedings of the respondents in rejecting the case of the petitioner for appointment on compassionate grounds stating that unless the petitioner obtains orders from the court of law his case would not be considered, having regard to the fact that his late father had contracted 2nd marriage during the subsistence of the 1st marriage and as there are rival claims from the 2nd wife also. 3. Today vide separate order, the implead application filed by the unofficial respondents have been allowed and the unofficial respondent Nos.3 to 7 have been impleaded in the writ petition. 4. Both the learned counsel appearing on behalf of the petitioner and the unofficial respondents have stated that the unofficial respondents herein have no objection for granting of compassionate appointment in favour of the petitioner herein. 5. However, as seen from the record, the unofficial respondents have not filed any affidavit separately under their signatures stating no objection for grant of compassionate appointment in favour of the petitioner herein. 6. Having regard to the above, the matter is remanded to the 2nd respondent for passing appropriate orders afresh after issuing notice to the unofficial respondents herein and after obtaining a No Objection Certificates from them stating no objection for appointment of the petitioner. The 2nd respondent shall pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE KIRANMAYEE MANDAVA Date: 21.08.2025 BSK 48 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21451 OF 2021 Date: 21.08.2025 BSK