Smt. K.Varalakshmi, v. The State of Andhra Pradesh,
WP/1286/2025 · 2025-01-21
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3658 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3658 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1286 OF 2025 Between: Smt. K.Varalakshmi, w/o. late P.Nagaraju, Aged 49 years, occ. house wife, R/o. Plot No.11, Pacific Park Stage-2, Gadag Road, Hubli, Dharwad district, Karnataka State-580020. ...PETITIONER AND The State of Andhra Pradesh, rep, by its Principal Secretary, Social Welfare (CV 2 )Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The State of Andhra Pradesh, rep.by its Principal Secretary, Energy Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The Chairman and Managing Director, APSPDCL, D.NO. 19-13-65/A, Tiruchanoor Rod, Srinivasapuram, Tirupatl-517 503. The General Manager (HRD) (SPM), APSPDCL, D.NO. 19-13-65/A, Tiruchanoor Rod, Srinivasapuram, TIrupati-517 503. The Divisional Engineer, TL and SS, AP Transco, Tirupathi, Chittoor District. 1. 2. 3. 4. 5. ...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 other appropriate writ, order or
direction, declaring the action of respondents in not considering the representations dated 29-04-2023 and 30-06-2023 submitted by the petitioner for her appointment on compassionate grounds in view of death of her husband late Sri P.Nagaraju, who was appointed as Assistant Engineer (Electrical), AP TRANSCO, vide Order in T.O.O. No.(Per-GM) Ms.No.222, dated 26.06.1999 issued by the Director (D and HRD), Transmission Corporation of Andhra Pradesh Limited and who succumbed to Covid-19 on 08.09.2020 as illegal, arbitrary, contrary to law and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to consider and appoint the petitioner in any suitable post on compassionate grounds by considering the representations dated 29-04-2023 and 30-06-2023. virus lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court be pleased to direct the respondents to consider and appoint the petitioner i any suitable post on compassionate grounds by considering the representations dated 29-04-2023 and 30-06- 2023, pending disposal of the main Writ Petition.
Counsel for the PetitioneriSRI P L NARASIMHA RAO Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent No.2: GP FOR ENERGY Counsel for the Respondent No.3 to 5: SRI K VENKATA RAMA RAO (SC FOR APSPDCL) may in The Court made the following: ORDER
APHC010020072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BBS [3331] FRIDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1286/2025 Between:
1.SMT. K.VARALAKSHMI, W/0. LATE P.NAGARAJU, AGED 49 YEARS, OCC. HOUSE WIFE, R/0. PLOT N0.11, PACIFIC PARK STAGE-2, GADAG ROAD, HUBLI, DHARWAD DISTRICT, KARNATAKA STATE-
580020. ...PETITIONER AND PRINCIPAL 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS SECRETARY, SOCIAL WELFARE (CV 2 )DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. PRINCIPAL DEPARTMENT, SECRETARIAT, 2.THE STATE OF ANDHRA PRADESH, REP.BY ITS ENERGY SECRETARY, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE CHAIRMAN AND MANAGING DIRECTOR, APSPDCL, D.NO. 19- 13-65/A, TIRUCHANOOR ROD, SRINLVASAPURAM, TIRUPATL-517
503. 4.THE GENERAL MANAGER HRD SPM, APSPDCL, D.NO. 19-13-65/A, TIRUCHANOOR ROD, SRINLVASAPURAM, TLRUPATI-517 503. AP TRANSCO, 5.THE DIVISIONAL ENGINEER, TL AND SS, TIRUPATHI, CHITTOOR DISTRICT.
...RESPONDENT(S):
SRS.J W.P.No.1286 of 2025 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 other appropriate writ, order declaring the action of respondents in not considering the representations dated 29-04-2023 and 30-06-2023 submitted by the petitioner for her appointment on compassionate grounds in view of death of her Assistant Engineer or direction husband late Sri P.Nagaraju, who was appointed as (Electrical), AP TRANSCO, vide Order in T.O.O. No.(Per-GM) Ms.No.222, dated 26.06.1999 issued by the Director (D and HRD), Transmission Pradesh Limited and who succumbed to Covid-19 Corporation of Andhra j 08.09.2020 as illegal, arbitrary, contrary to law and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to consider and appoint the petitioner in any suitable post on compassionate grounds by considering the representations dated 29-04-2023 and 30-06-2023 and pass virus on 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 and appoint the petitioner in any suitable post on compassionate grounds by considering the representations dated 29- 2023, pending disposal of the main Writ Petition and 04-2023 and 30-06- pass Counsel for the Petitioner:
1.P L NARASIMHA RAO Counsel for the Respondent(S):
1 .VENKATA RAMA RAO KOTA SC FOR APSPDCL 2.GP FOR SERVICES I 3.GP FOR SERVICES II
SRS,J W.P.No.1286 of 2025 The Court made the following:
•: ORDER :: declare the action of respondent authorities in not granting/paying service benefits of late Sri P. Nagaraju, husband of the petitioner, who was appointed as Assi^ant Engrneer (Eiectrical), AP TRANSCO as per orders in T.O.O,No.(Per-GM) Ms.No.222, dated 26.06,1999, died on 08.09.2020 (Ex.PS), as illegal and arbitrary.
above writ petition is filed to The Heard Sri P.L, Narasimha Rao, learned counsel for the petitioner and Government Pleader for Services appeared for
2. Sri S.Raju, learned Assistant No.1 and Sri K. Rama Rao, learned Standing Counsel appeared respondent for respondents 3 to 5. At the hearing, learned counsel for the petitioner would submit that the husband, who was appointed as Assistant Engineer (Electrical) as dated 26.06.1999, died on
3. petitioner’s T.O.O.No.(Per-GM) Ms.No.222 per orders in 08 09 2020 (Ex.P3). He belongs to the District Collector by proceedings in Rc.No.MC3/774/2000, dated 25.07.2006^ husband filed an appeal and ST community/Kammara Caste. The cancelled the caste certificate. The petitioner’s the same was rejected by the Government vide G.O.Ms.No.20 Social Welfare (CV.2) Department, 11.02.2008 removed from the service in 2009. Thereafter, the petitioner’s husband was would also submit that the petitioner s
4.
Learned counsel for the petitioner '^husband filed W,P.No.25647 of 2009, challenging the order passed by the Social Welfare (CV.2) dated 11.02.2008. J District Collector and G.O.Ms.No.20 The said writ petition was allowed on 14 .06.2013. The matter was remanded Thereafter, the District Collector the District Collector, Ananthapuram
order vide R.Dis.No.MC3;i678/2020, dated 26.08.2021 (Ex.P6) husband late Sri P. Nagaraju belonged to to passed an and confirmed that the petitioner s
SRS,J W.P.No.1286 of 2025 Kammara caste, ST community. In the meantime, the petitioner’s husband died on 08.09.2020, due to Covid-19. The petitioner made a representation vide Ex.P1 dated 29.04.2023 and another representation dated 08.10.2024 (Ex.P13) to respondents 3 to 5, to release the service benefits. Since no order has been passed, the above writ petition is filed. Sri K. Rama Rao, learned Standing Counsel, while not disputing the inquiry conducted by the District Collector and the District Magistrate and issuance of caste certificate vide R.Dis.No.MC3/1678/2020, dated 26.08.2021 (Ex.P6), on instructions, would submit that respondents 3 to 5 will consider the representations made by the petitioner vide Exs.P1 & PI3 and pass appropriate orders, strictly as per the Rules. Learned counsel would also submit that respondent No.4 sought necessary information from APSPDCL. As soon as the information is received, necessary orders will be passed. 5. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the stage of admission, with the consent of both the learned counsel, directing the respondents 3 to 5 to consider the representations made by the petitioner vide Exs.P1 & PI 3 and pass appropriate orders, strictly as per the Rules, within three (03) months, from the date of receipt of a copy of the order. No order as to costs. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- U SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// tr ' SECTION OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Social Welfare (CV 2) Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Energy Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Chairman and Managing Director, APSPDCL, D.NO. 19-13-65/A, Tiruchanoor Rod, Srinivasapuram, Tirupatl-517 503. 4. The General Manager (HRD) (SPM), APSPDCL, D.NO. 19-13-65/A, Tiruchanoor Rod, Srinivasapuram, Tlrupati-517 503. 5. The Divisional Engineer, TL and SS, AP Transco, Tirupathi, Chittoor District. 6. One CC to SRI. P L NARASIMHA RAO, Advocate [OPUC]
8. Two CCs to GP FOR SOCIAL WELFARE, High Court of Andhra Pradesh. [OUT]
9. Two CCs to GP FOR ENERGY, High Court of Andhra Pradesh. [OUT]
10.
One CC to SRI K. RAMA RAO, Advocate (SC FOR APSPDCL) [OPUC]
11. Three C.D.Copies nm
HIGH COURT DATED:21/01/2025
ORDER WP.No.1286 of 2025 27 MAR 2025 . Curreni Section ^ DISPOSING OF THE WP WITHOUT COSTS