1 ' APHC010462752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE - PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23565 OF 2025 Between: Thuraka Madhu, S/o. late Thuraka Chandra Mouli, Aged about 23 years, R/o.Rallachelika, Sangam Mandal, SPSR Nellore District. “ ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its. Principal Secretary, Roads and Buildings Department, Secretariat Buildings, Velagapudi Amaravati, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Managing Director, APSRTC, PNB Station, Vijayawada, Andhra Pradesh. 4. The District Public Transport Officer, APSRTC, Nellore, SPSR Nellore District. 5. The Depot Manager, Sullurpeta Depot, Sullurpeta SPSR Nellore 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 or direction declaring the action of the respondents in not considering petitioners application dated 04.08.2021 for compassionate appointment on the ground that petitioner not submitted application within 1 year from the date of death of the employee is illegal, arbitrary, violation of principles of natural justice and violation of Article 14 and 21 of the Constitution of India and consequently direct the respondents to consider the application of the petitioner dated 04.08.2021 for compassionate appointment without reference to the delay in submitting application within 1 year from the date of death of the employee. 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 consider the application of the petitioner dated 04.08.2021 for compassionate appointment without reference to the delay in submitting application within 1 year from the date of death of the employee, during pendency of the Writ petition. Counsel for the Petitioner; SRI C SUBODH Counsel for the Respondent Nos. 1, 2 and : GP FOR SERVICES II Counsel for the Respondent Nos. 3 and 5: SRI VINOD KUMAR TARLADA SC FOR APSRTC The Court made the following order: i I APHC010462752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23565/2025 Between: Thuraka Madhu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.C SUBODH Counsel for the Respondent{S): 1.GP FOR SERVICES II The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.23565 of 2025 ORDER: In the present Writ Petition, the Petitioner is aggrieved by the action on the part of the Respondents in not considering the Petitioner’s application compassionate appointment on the ground that the Petitioner had not submitted the application within one year from the date dated 04.08.2021 for of death of the employee. 2. The facts leading to filing of the present Writ Petition are as follows: The Petitioner is an adopted son of one Thuruka Chandra Mouli, S/o Malakondaiah. The said Chandra Mouli, while working as an Assistant Mechanic in APSRTC, Sullurpeta Depot, had died on 27.04.2020. The petitioner, being the nominee in the books of SBT (Staff Benevolent-cum-Thrift Fund), had received the death benefits. The Petitioner had submitted an application on 04.08.2021 to the Respondent for compassionate appointment, as he was unable to take care of himself after the Authorities to consider his case 3 death of his father. However, the Respondent Authorities rejected the said application through orders dated 23.08.2023. Hence, the present Writ Petition. 3. Learned counsel for the Petitioner would submit that the father of the Petitioner had died during the Corona pandemic period, and as per the judgment of the Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020, dated 10.01.2022, there is an exemption excluding the period from 15.03.2020 to 20.02.2022 for computing the period of limitation. He further submits that if this period is excluded, the application of the Petitioner would be within the time prescribed, and this aspect was not noted by the Respondent Authorities while passing the impugned Order. 4. Learned Assistant Government Pleader would submit that the application of the Petitioner was rejected on the ground that the time fixed for filing the application is one year from the date of death of the deceased, but the Petitioner filed the application beyond one year. Having heard the respective counsel and taking note of 5. 4 the Judgment of the Hon’ble Apex Court in Suo Motu Writ Petition © No.3 of 2020, dated 10.01.2022, excluding the period from 15.03.2020 to 20.02.2022 for computing the period of limitation, the application of the Petitioner ought to have been examined on merits rather than rejecting the claim of the Petitioner by the Respondent Authorities. Therefore, the impugned Proceedings dated 23.08.2023 are set aside. 6. Accordingly, the Writ Petition is disposed of directing the Respondent Authorities to examine the application of the Petitioner dated 04.08.2021 for compassionate appointment afresh on merits within a period of one (01) month from the date of receipt of a copy of this Order. There shall be no order as to costs. As a sequel, miscellaneous applications, if any, shall stand closed. S^/-JV* PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Roads and Buildings Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravati, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Managing Director, APSRTC, PNB Station, Vijayawada, Andhra Pradesh. iCC> 4. The District Public Transport Officer, APSRTC, Nellore, SPSR Nellore District. 5. The Depot Manager, Sullurpeta Depot, Sullurpeta SPSR Nellore \ District. 6. One CC to Sri. C Subodh Advocate [OPUC] 7. Two CCs to GP for Services II, High Court of Andhra Pradesh [OUT] 8. Two CD Copies GSC . . . ■'4 -:‘S S' HIGH COURT DATED:10/09/2025 ORDER WP NO. 23565 OF 2025 5 23 SEP 2025 Current Secuon ^ ^ £gSPOTC^ DISPOSING THE WP WITHOUT COSTS