APHC010481212021 IN THE HIGH COURT OF ANDHRA PRADESH AT AIWARAVATI (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28951 OF 2021 Between: Neeluru Bhagyalakshmi, D/o. Neeluru Chowdappa, aged about 28 years, R/o. 12-204, Kalluru Village, Garladinne Mandal, Anantapur District, Andhra Pradesh-515774. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, General Administration (SER-A) Department, Secretariat, Velagapudi, Guntur. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur. 3. District Collector, Anantapur, Anantapur District, Andhra Pradesh. 4. The Chief Executive Officer, Zilla Praja Parishad, Anantapur. ...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 order, writ or direction more particularly one in the nature of Writ Mandamus declaring the inaction of the respondents in providing compassionate appointment to the petitioner as her father expired on 06-02- 2019, while in service, for being illegal, arbitrary, contrary to the provisions of G.O.Ms.No.350, General Administration (SER-A) Department, dated 30-07- 1999, and un-constitutional and consequently direct the respondents provide compassionate appointment to the petitioner. to 0 lA 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 to direct the respondents to forthwith take a decision on the representation dated 25-02-2019 to provide compassionate appointment to the petitioner, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SRINIVASA RAO BODDULURI Counsel for the Respondents: GP FOR SERVICES -1 Counsel for the Respondents: SMT B V APARNA LAKSHMI The Court made the following order: i' 'T high court of ANDHRA PRADESH AT AWIARAVATI (Special Original Jurisdiction) APHC010481212021 IN THE [3458] 7h EIGHTH DAY OF SEPTEMBER *^^TW THOUSAND AND TWENTY FIVE present JUSTICE KIRANNIAYEE NIANDAVA y^pyr pftitIQN NO: 28951/2021 the honourable SMT Between; NEELURU BHAGYALAKS* » 1. AND 1.THE STATE OF "°T»'S!S'.™;se5Vb« e^fCRETARY GENERAL IISeTARIAT, VELAGAPUDI, GUNTUR. 3. DISTRICT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT, ANDHRA PRA OFFICER, ZILLA PRAJA PARISHAD 4.THE CHIEF ANANTAPUR ...rESPONDENT(S): Y.A.E Artirle 226 of the Constitution of India praying that in the Petition under Article therewith the High Court may be circumstances stated in *he afflda ^u^ection more particularly pleased tomay be pleased to issu . ^ inaction of the respondents one in the nature of Writ Mandamus dec,airing me^tn^^^ '"TSTwdr::sere, for on I 2 respondents to provide compassionate appointment to the petitioner and pass such lA 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 may be pleased to direct the respondents to forthwith take a decision on the representation dated 25-02-2019 to provide compassionate appointment to the petitioner, pending disposal of the main writ petition and pass such Counsel for the Petitioner: 1.SRINIVASA RAO BODDULURI Counsel for the Respondent(S): 1.GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3.GPFOR SERVICES I 4.BVAPARNA LAKSHMI The Court made the following: ORDER:- Heard Sri Srinivasa Rao Bodduluri, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. The instant Writ Petition is filed challenging the action of the 2. respondents in not providing compassionate appointment to the petitioner. It is contended that the petitioner’s father while he was working as a Record th Assistant in Z.P. High School, Peddavaduguru Mandal, had expired on 6 June, 2019. The petitioner, who has acquired educational qualifications of 3 M.Sc., approached the respondents seeking appointment on compassionate grounds. It is submitted that the petitioner and her family were dependent of her deceased father. Though the petitioner is married and 3. on the income has two children, her husband does not have a regular source of income, and therefore, she remained dependent on her father’s earnings. The Tahsildar, Garla Dinne Mandal, in his report dated 12.06.2019, submitted to the RDO, earning member in the family. An also issued, and her case was recommended Ananthapur, certified that there was unemployment certificate was for compassionate appointment. no Revenue Divisional Officer, Anantapur, in turn, forwarded his recommending the petitioner’s case for under compassionate appointment. However, 4. The report to the 4*^ respondent consideration respondent expressed concern that, since the petitioner is married, she would not fall within the zone of consideration for such an appointment. th the 4 respondents filed counter affidavit stating that as per the scheme, if the daughter is married by the date of the death of the deceased if she and her husband are un-employees, the daughter is not compassionate grounds. 5. The employee, even eligible to be considered for appointment on Therefore, it is contended that the case of the petitioner has been rightly rejected. i 4 n 6. The learned counsel for the petitioner relies on the decisions of this Court in W.P.Nos.28931 of 2021 and 7059 of 2021. 7. The respondents filed counter stating that the petitioner is not eligible to be considered for appointment on compassionate grounds. They rely on the following Memorandum dated 20-03-2004. GOVERNMENT OF ANDHRA PRADESH FINANCE (ADMN. II) DEPARTMENT Memo No. 406/10/A. 1/Admn. 11/2004 Dated: 20-03-2004 Sub. Establishment - State Audit Department - Scheme of Compassionate Appointment to the dependents of deceased employees - Considering married daughter for Compassionate Appointment - Certain Clarification - Regarding. Ref: From the Director of State Audit, A.P., Hyderabad, Letter Roc. No. 19243/838/W/2003, Dated: 02-01-2004. The attention of the Director of State Audit, A.P., Hyderabad is invited to the reference cited and he is informed that a married daughter can be given Compassionate Appointment under the following circumstances: (i) There should be no younger or older unmarried dependents in the family and the spouse should be unwilling or ineligible for appointment (ii) The married daughter should be dependent on her father /mother who was a Government Employee / deceased Government Employee. (Hi) There is no objection to consider one of the married daughters if there are more than one married daughters as long as the condition No. 1 & 2 are fulfilled. ” I 5 Considered the rival submissions. 8. Tahsildar and RDO certified that the compassionate grounds and that family and thus her case can be compassionate grounds. A perusal of the In this case, both the 9. petitioner’s case requires appointment on there are no earning members in the considered for appointment on 55769/Ser.A/99-3 dated 27-1-2000 indicates that; Memo No. “2. In the G.O. second cited, it has been clarified that married daughter to the deceased when there is only a Government employee sisters and the spouse of the is not willing to avail the ^ without older or younger brothers or deceased Government employee compassionate appointment such considered for compassionate the deceased be married daughter may appointment provided she is dependent on Government emptoyee and subject to satisfying the other the scheme from time to conditions and instructions issued on time.” Having regard to the above, it has been provided vide the above eligible to be considered for dependent on the \ 10. Memorandum(s) that even married daughters are compassionate grounds provided they are appointment on deceased father. Mandal Revenue Officer and Revenue Divisionai Officer have issued a certificate to the effect that the petitioner is the only daughter to the deceased employee and was dependant her father's income, as he then was. it is further stated that both the living together. Therefore, the respondents In the present facts of the case, the 11. on mother and the petitioner are i 6 should have considered the case of the petitioner for appointment compassionate grounds as the case of the petitioner would fall within the scheme formulated for compassionate appointment. on 12. Having regard to the above, this Court deems it appropriate to dispose of the Writ Petition directing the respondents orders on the application submitted by the petitioner seeking compassionate grounds, after considering the reports submitted Mandal Revenue Officer and Revenue Divisional Officer. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. to pass appropriate appointment on by the 13. As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR Z-* //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, General Administration (SER-A) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur. 2. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur. 3. The District Collector, Anantapur, Anantapur District, Andhra Pradesh. 4. The Chief Executive Officer, Zilla Praja Parishad, Anantapur 5. One CC to Sri Srinivasa Rao Bodduluri, Advocate [OPUC] 6. Two CCs to GP for Services - I, High Court of Andhra Pradesh [OUT] 7. One CC to Smt B V Aparna Lakshmi, Advocate [OPUC] 8. Two CD Copies To, RAM / HIGH COURT DATED:08/09/2025 ORDER WP.NO. 28951 OF 2021 SEP 2025 m t Current Seciion ^SPpcfC^^^ DISPOSING OF THE WP WITHOUT COSTS