APHC010574542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30113/2024 Between: 1. DWARAM GABRIEL JEDIDIAH,, S/O (LATE) B MERCY MANJULA VANI AGED AROUND 29 YEARS, R/O H.NO. 43/127/1 A, E.C.M. COMPUND, KURNOOL (URBAN) MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT AP SECRETARIAT VELAGAPUDI AMARAVATHI 2. THE COMMISSIONER OF SCHOOL EDUCATION, IBRAHIMPATNAM, ANDHRA PRADESH 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KADAPA DISTRICT 4. THE DISTRICT EDUCATIONAL OFFICER, KURNOOL DISTRICT 5. THE DEPUTY EDUCATIONAL OFFICER, KURNOOL DISTRICT 6. THE E C M AIDED HIGH SCHOOL FOR GIRLS, KURNOOL DISTRICT REPRESENTED BY ITS HEAD MASTER ...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 to issue a writ, order or direction more particularly one in the nature SRS,J W.P.No.30113 of 2024 of the writ of MANDAMUS declaring the inaction of the Respondents No. 3 to 5 herein in appointing the Petitioner as Junior Assistant or any other equivalent post against the vacancies in the Respondent No.6 school under compassionate grounds, in terms of the G.O.Ms.No.11, School Education (PS) Department, dated 02.02.2018 as sheer arbitrary, unjust, contrary to the object of the Scheme of Compassionate appointment to the dependents of the deceased employees of the Recognized Aided Institutions besides being violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondent No. 3 to 6 herein to appoint Petitioner as Junior Assistant or any other equivalent post in Respondent No.6 school expeditiously within the stipulated time period as this Honble Court may fix in accordance with the law and/or pass IA NO: 1 OF 2024 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 No. 3 to 6 herein to consider, process and dispose the Petitioner’s application dated 07.09.2020 in accordance with the law and pass Counsel for the Petitioner: 1. SHAIK MD UMAR ABDULLAH Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: :: ORDER :: Heard Sri K. Koutilya, learned counsel, representing Sri Sk. Md. Umar Abdulah, learned counsel for the petitioner and Sri Ravi Teja, learned Assistant Government Pleader for School Education appearing for respondents 1 to 5. Page 3 of 5 SRS,J W.P.No.30113 of 2024 2. The above writ petition is filed to declare the action of respondents Nos.3 to 5 in not appointing the petitioner as Junior Assistant or in any other equivalent post in the respondent No.6-School on compassionate grounds in terms of G.O.Ms.No.11, School Education (PS) Department, dated 02.02.2018 as illegal and arbitrary. 3. The petitioner’s mother, Smt. B. Mercy Majula Vani, Physical Education Teacher in the E.C.M Aided School, Kurnool, died in harness on 18.05.2020. The petitioner made representation to the District Educational Officer, Kurnool District i.e., the 4th respondent seeking employment on compassionate grounds. The Deputy Educational Officer, Kurnool District i.e., the 5th respondent vide Rc.No.306/Dveoknl/2020, dated 21.12.2020 (Ex.P.2) submitted a report to the 4th respondent, who, in turn, forwarded the same to the Regional Joint Director of School Education, Kadapa District i.e., the 3rd respondent. The 3rd respondent vide Rc.No.02417/B1/2021, dated 09.08.2021 (Ex.P.1) directed the 4th respondent to examine the issue and submit remarks/recommendations as per G.O.Ms.No.11, (SE.PS) Department, dated 02.02.2018 and subsequent proceedings/Memos. 4. Learned counsel for the petitioner would submit that in pursuance of Ex.P.1, no report has been submitted by the 4th respondent to the 3rd respondent. 5. Learned Assistant Government Pleader submitted the instructions of the 4th respondent wherein it was mentioned regarding the strength of the school SRS,J W.P.No.30113 of 2024 and other particulars. However, the facts remain that no report was submitted. In fact, the 4th respondent should have furnished this information to the 3rd respondent, enabling the 3rd respondent to issue directions regarding the petitioner's employment on compassionate grounds. 6. Though the prayer in the writ petition is to declare the action of respondent Nos.3 to 5 in not employing the petitioner on compassionate grounds, given the facts and circumstances of the case, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the 4th respondent to furnish report as directed by the 3rd respondent vide Rc.No.02417/B1/2021, dated 09.08.2021 (Ex.P.1) in six (06) weeks from today. Thereafter, the learned 3rd respondent shall pass appropriate orders concerning employing the petitioner on compassionate grounds, strictly as per the Rules. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 03.01.2025 KAS SRS,J W.P.No.30113 of 2024 80 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.30113 OF 2024 Date: 03.01.2025 KAS