IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE SUMATHI JAGADAM WP(AT) NO: 1018 OF 2021 Between: G. Jyothsna, W/o. (Late) G.Thiruvallur, Aged about 37 years, Office Subordinate, (Terminated from service), O/o. Assistant Director of Agriculture, Localisation, TGP, Nellore. R/o. H.No. 25-1-206, Lakshmi Narasimhapuram, 3™ Street, Podalakuru Road, Nellore. SPSR Nellore District, A.P. ...PETITIONER AND 1. State of Andhra Pradesh, rep. by its Principal Secretary to Government, Agriculture Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur Dist. The Commissioner and Director of Agriculture, Guntur, Guntur District. The Joint Director of Agriculture, Nellore, SPSR Nellore District. The Assistant Director of Agriculture, Localisation, TGP, Nellore, SPSR Nellore District. 2. 3. 4. ...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 set-aside the impugned Proceedings No. Estt. 11/711/2013 dated 29-7-2017 issued by the 3'^'^ respondent by holding the same as illegal, arbitrary, unreasonable and violation of principles of natural justice apart from violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to reinstate the applicant into service in the interest of justice. Counsel for the Petitioner : SRI R. SATYANARAYANA MURTHY Counsel for the Respondents: GP FOR SERVICES II The Court made the following: ORDER :,:s ■ APHC010400282021 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (SPECIAL ORIGINAL JURISDICTION) 3459 MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [^PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION (AT) No.1018 OF 2021 Between: G. Jyothsna Petitioner and The State of Andhra Pradesh and 3 others Respondents Sri R. Satyanarayana Murthy Counsel for the petitioner Counsel for the respondents Learned Asst. Government Pleader for Services-ll The Court made the following ORDER: The Writ Petition is filed by the petitioner seeking to set-aside the proceedings of the 3'^' respondent vide No.Estt.ll/711/2013, dated 29.07.2017, in terminating her services as Office Subordinate from the respondent, under Rule 10E of the A.P. State and Subordinate Service Rules 1996 (for short, ‘APSSS Rules’), as arbitrary, illegal, un-reasonable and in violation of principles of natural justice and also in contravention of Articles 14, 16 and 21 of the Constitution of India nd Office of 2 w m.m 2 JS, J WP (AT) No.1018/2021 and consequently direct the respondents to reinstate the petitioner into service. Brief facts of the case: nd 2. The petitioner worked as Office Subordinate in the Office of 2 respondent. The husband of the petitioner, while working as Agricultural Officer (Technical Assistant) in the Office of 3'^'^ respondent, died on 07.03.2010, leaving behind the petitioner and his two minor children. 3. Through proceedings in Rc.No.Estt.2/1073/2010, dated 20.07.2010, the 3^'^ respondent appointed the petitioner as an Office Subordinate in the office of the 4^*^ respondent on compassionate grounds. The 3'^'^ respondent terminated the petitioner's services on 4. 29.07.2017 for submitting a fake Transfer Certificate. Termination proceedings are challenged in the present writ petition. Learned counsel for the petitioner argues that although the 5. appointment order indicates that the petitioner was appointed as an Office Subordinate, she performed her duties as a Sweeper. The qualifications required for the post of sweeper include the ability to read and write in Telugu, Urdu, English, and Hindi. ■ yw 3 JS, J WP (AT) No. 1018/2021 6. The learned counsel further argued that the petitioner's entire family has lost its source of income due to the impugned proceedings and prayed that the writ petition be allowed by considering the petitioner's case on sympathetic grounds. 7. On the other hand, the learned Assistant Government Pleader for Services, representing the respondents, argues that the petitioner was appointed as an Office Subordinate and that the required qualifications for the post is pass in the 7"^ class and must be able to ride a bicycle. 8. During verification, the respondents learnt that the petitioner's Transfer Certificate was not genuine. Hence, the 3'^^ respondent issued the impugned termination order, dated 29.07.2017, and prayed to dismiss the Writ Petition. 9. Heard the arguments of Sri R. Satyanarayana Murthy, learned counsel for the petitioner, and the learned Assistant Government Pleader for Services-ll, appearing on behalf of the respondents, and perused the material available on record. 10. After hearing the submissions, this Court opines that the object of the scheme is to grant a compassionate appointment to a dependent family member of a government servant, who dies in harness or retires on medical grounds leaving their family in poverty and without any means of 4 JS, J WP (AT) No. 1018/2021 livelihood, to relieve the family of the concerned government servant from financial destituteness and assist them in overcoming the emergency. 11. The case deserves sympathetic consideration. The petitioner lost her husband at a young age, leaving behind two children. She has worked in a Group “D” post for over seven years without any remarks. Depending on the facts and circumstances of the case, the people appointed to these posts must be viewed with greater compassion through relaxed standards. The purpose of compassionate appointments is to mitigate the loss of income from the primary breadwinner and alleviate the economic distress faced by the family members. 12. Therefore, the impugned termination order, dated 29.07.2017, issued by the 3'''‘ respondent, is set aside. The competent authority is directed to reconsider the petitioner's case afresh for any suitable post in accordance with the applicable rules. 13. Accordingly, with the above observations, the Writ Petition is disposed of. No order as to costs. Consequently, Miscellaneous Applications pending, if any, shall stand closed. //TRUE COPY// SD/- K. TATA RAO DEPUTY REGISTRAR To, SECTION OFFICER ofAnd^r^Pradls^A Department, State Dist. ’ secretariat, Velagapudi, Amaravathi, Guntur 2. The Commissioner and Director of Agriculture 3. The Joint Director of Agriculture, Nellore, Guntur, Guntur District. SPSR Nellore District. Localisation ^ 5. One CC to Sri R. Satyanarayana Murthy, Advocate [OPUC] 6. Two CCs to GP for Services II, High Court of Andhra Pradesh. [OUT] 7. Three C.D. Copies. , TGP, Nellore, SPSR Cnr HIGH COURT DATED:17/02/2025 ORDER [i 2 8 FE8 20?5 \ Curreni aecuon . y WP(AT).No.1018of 2021 DISPOSING OF THE WP(AT) WITHOUT COSTS