APHC010601692023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI B TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND AND' THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 1270 OF 202.*^ Writ Appeal under clause 15 of the Letters Patent against the order dated 12-10-2023 in W.P.No.3709 of 2022 on the file of High Court. Between: Chalapadi Venkata Lakshmi, W/o.Late Chalapadi Suresh Babu, Aged about 41 years, Occ: Housewife, R/o.D No.6-780, Sai Swagath Apartment, Puttaparthi village and Post and Mandal, Formerly residing at Amadaguru village Post and Mandal, Ananthapuram District. ...APPELLANT/PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Amaravati, Guntur District 2. The District Collector, Ananthapuram District at Ananthapuram. 3. The Revenue Divisional Officer, Kadiri Revenue Division, Kadiri Town Ananthapuram District. 4. The Tahsildar, Amadaguru Mandal, Ananthapuram District, 5. The Tahsildar, Puttaparthi Mandal, Ananthapuram District. Revenue Department, Secretariat Velagapudi, Il^«. 6. Chalapadi Harshith, S/o.Late Chalapadi Suresh Babu, Aged about 21 years, Ryo.D.No.6-4-80 Town, Ananthapuram District. Chalapadi Umesh, S/o. Late Chalapadi Suresh Babu, Aged about 17 years is being minor. Rep.by its Guardian and Mother, N.Usha Sri, W/o.Late Chalapadi Suresh Babu (Divorce), Occ Private Employee, R/o.D.No.6-4-80, Ananthapuram District. Maruthi Nagar, 3rd Road, Ananthapuram f 7. rd Maruthi Nagar, 3 Road, Ananthapuram Town, ...RESPONDENTS/RESPONDENTS lA NO: 1 OF 2023 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 suspend the orders of the Learned Single Judge passed in W.P.No.3709 of 2022, dated 12-10-2023 to the extent of giving direction to the 2'"'^ respondent to proceed in pursuance of the proceedings dated 02-09-2021 decree in O.S. No.47 of 2017 pending before the Senior Civil Judge the interest of justice. lA NO: 2 OF 202.-^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the 2'^^ respondent to provide the appellant in pursuance of the proceedings dated 02-09-2021 the Writ Appeal. Counsel for the Petitioner: SRI S. KRISHNA REDDY Counsel for the Respondent Nos.1 to 5:GP FOR SERVICES-I Counsel for the Respondent Nos.6 & 7: SRI K. V. RAGHU VEER The Court made the following: JUDGMENT after final , Kadiri, in may be pleased to compassionate appointment to the pendency of 1 APHC010601692023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 1270/2023 Writ Appeal under clause 15 of the Letters Patent to set aside the order of the Learned Single Judge passed in W.P.No.3709 of 2022, dated 12-10- 2023 to the extent of directing the 2nd respondent to process the proceedings of compassionate appointment to the petitioner after final decree in O.S.No.47 of 2017 and direct the 2nd respondent to pay the family pension to the appellant and allow the Writ Petition as prayed therein and pass Between: 1.CHALAPADI VENKATA LAKSHMI, W/O.LATE CHALAPADI SURESH BABU, AGED ABOUT 41 YEARS, OCC HOUSEWIFE, R/O.D N0.6- 780, SAI SWAGATH APARTMENT, PUTTAPARTHI VILLAGE AND POST AND MANDAL, FORMERLY RESIDING AT AMADAGURU VILLAGE POST AND MANDAL, ANANTHAPURAM DISTRICT. ...APPELLANT AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARY TO GOVERNMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR, ANANTHAPURAM DISTRICT AT ANANTHAPURAM. 3.THE REVENUE DIVISIONAL OFFICER, KADIRI REVENUE DIVISION KADIRI TOWN, ANANTHAPURAM DISTRICT. \ 2 4.THE TAHSILDAR, , AMADAGURU MANDAL, ANANTHAPURAM DISTRICT, 5.THE TAHSILDAR, PUTTAPARTHI MANDAL, ANANTHAPURAM DISTRICT. 6.CHALAPADI HARSHITH, S/O.LATE CHALAPADI SURESH BABU, AGED ABOUT 21 YEARS, RYO.D.NO.6-4-80. MARUTHI NAGAR, 3 ROAD, ANANTHAPURAM TOWN, ANANTHAPURAM DISTRICT. 7.CHALAPADI UMESH, S/0. LATE CHALAPADI SURESH BABU, AGED ABOUT 17 YEARS IS BEING MINOR, REP.BY ITS GUARDIAN AND MOTHER, N.USHA SRI, W/O.LATE CHALAPADI SURESH BABU OCC PRIVATE EMPLOYEE, R/O.D.NO.6-4-80, 3D ROAD, ANANTHAPURAM TOWN, (DIVORCE), MARUTHI NAGAR ANANTHAPURAM DISTRICT. ...RESPONDENT(S): lA NO: 1 OF 2023 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 pleased to suspend the orders of the Learned Single Judge passed in W.P.No.3709 of 2022, dated 12-10-2023 to the extent of giving direction to the 2"^ respondent to proceed in pursuance of the proceedings dated 02-09- 2021 after final decree in O.S. No.47 of 2017 pending before the Senior Civil Judge, Kadiri, in the interest of justice and to pass lA NO: 2 OF 2023 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 Pleased to direct the 2nd respondent to provide the appointment to the appellant in pursuance of the proceedings dated 02-09- 2021, pendency of the Writ Appeal and to pass lA 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 pleased to receive the additional documents i.e., the certified copies of orders dated 01-12-2023 and the memo dated 24-11-2023 in the above Writ Appeal and pass compassionate 3 Coun3el for the Appellant: 1.S KRISHNA REDDY Counsel for the Respondent(S): 1.KVRAGHU VEER 2.GP FOR SERVICES I The Court made the following: 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND f / & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.1270 of 2023 JUDGMENT^'Per Hon’ble Sri Justice Battu Devanand) This Writ Appeal is filed against by the order, dated 12.10.2023 passed by the learned Single Judge of this Court in W.P.No.3709 of 2022. The appellant is claiming to be 2"*^ wife of one Chalapadi Suresh Babu. As per the appellant, the 1®‘ marriage of her husband was dissolved by 2. way of an Award, dated 25.07.2007 passed in P.L.C No.503 of 2006 before the District Legal Services Authority, Ananthapuram and the divorce was granted. Then, the appellant’s late husband has paid an amount of Rs.3,00,000/- towards the permanent alimony of his 1®' wife Nethi Usha Sree and Respondent Nos.6 and 7 herein. As per the said Award, the 1®‘ wife and her sons shall not interfere with the personal life of C.Suresh Babu i.e petitioner’s late husband in any manner and cause no inconvenience to his personal life. Two cases in C.C.No.626 of 2006 and M.C.No.29 of 2006 initiated by Nethi Usha Sree against the appellant’s late husband were agreed to be closed and they were closed pursuant to the award. The learned counsel contends that the appellant is a widow of one Late Nanda Kumar Reddy and got married on 18.12.2014 to the said C.Suresh Babu as per the Hindu rites and customs prevailing in their community. While so, the appellant’s husband 5 died in an accident, due to burn injuries on 21.10.2016, while he was working an employee in the Revenue Department. During that period, the appellant was the only person living with him and she was the only family member depending on him for survival. After the death of the appellant’s husband, she was paid a sum of Rs. 15,000/- towards funeral expenses. Thereafter, there were disputes between the appellant herein and one C. Lakshmi Devamma who is the mother of C.Suresh Babu, in relation to the claim of both movable and immovable properties of C.Suresh Babu. Under these circumstances, the appellant filed a suit against C.Lakshmi Devamma and the sons of her late as husband on the file of the Court of Learned Senior Civil Judge, Kadiri, Ananthapuram District in O.S.No.47 of 2017 for partition and separate possession of the appellant’s legitimate 1/4^*^ share in all the properties left by her late husband, which is still pending for trial. At that stage, the appellant has made representations to the Respondent Nos.2 and 3 dated 04.01.2017 and 06.01.2017 respectively, requesting them to pay all pensionary and death benefits in consequence to her husband’s death as well as to provide her a job in the Revenue department under compassionate grounds. But, no proper action has been taken by Respondent Nos.2 to 5. The grievance of the appellant herein is that she is the only person who is dependent on one C.Suresh Babu and as such, she is entitled to seek compassionate appointment due to untimely death of her husband. 3. The learned counsel for Respondent Nos.6 and 7 contends that the appellant is not legally wedded wife of one C.Suresh Babu, who is the 6 father of Respondent Nos.6 and 7 herein. As such, she is not entitled for compassionate appointment for the death of their father as a legal heir. 4. The learned Government Pleader for Services-I appearing for Respondent Nos.1 to 5 would submit that the name of the appellant was not recorded in the service register of C.Suresh Babu. A Co-ordinate Division Bench of this Court while dealing with this Writ Appeal at the earlier point of time called for the service register of C.Suresh Babu and found that the name of the appellant is not entered in the service register as his wife. 5. This Court gave anxious consideration to the submissions made by the respective counsels and carefully examined the material available on record. Admittedly, the appellant filed a suit in O.S.No.47 of 2017 before the Hon’ble Senior Civil Judge, Kadiri, Ananthapuram District, seeking partition and separate possession of share in the plaint schedule properties and for a direction to defendants 9 to 11 therein by way of mandatory injunction to grant pension to the appellant in accordance with A.P Pension Rules and to direct Respondent Nos.9 to 11 therein to consider eligibility of the appellant for compassionate appointment. Admittedly, the said suit is pending for trial. Till now, no proper Court of law has declared the appellant as 2'"'' wife of C.Suresh Babu. As such, the learned Single Judge of this Court while disposing of the Writ Petition filed by the appellant rightly held that while O.S.No.47 of 2017 is still pending, the Court cannot interfere into 6. 7 the matter and direct the respondents to provide compassionate appointment to the appellant. The learned Single Judge also made it clear that it is open to the 2"'^ respondent herein to proceed in pursuance to the proceedings dated 02.09.2021 after passing of final decree in O.S.No.47 of 2017 on the file of the Senior Civil Judge, Kadiri, as the entitlement of the appellant for compassionate appointment would be decided only after disposal O.S.No.47 of 2017. Without recognizing the appellant as 2"^ wife of C.Suresh Babu by any competent Court of law, this Court cannot direct the of respondents to provide compassionate appointment to the appellant at present For the aforesaid reasons, in our considered view, there is no infirmity or irregularity in the order of the learned Single Judge and interference of this Court into the said order is not warranted. 7. 8. Accordingly, the Writ Appeal is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY registrar //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri S. Krishna Reddy, Advocate [OPUC] 2. One CC to Sri K. V. Raghu Veer, Advocate [OPUC] 3. Two CCs to GP for Services-I, High Court of Andhra Pradesh 4. Two CD Copies. [OUT] ssb HIGH COURT DATE 0:02/09/2025 JUDGMENT WA No.1270 OF 2023 ^ I I SEP 2025 ' JsCurrent Sectioax% o c» DISMISSING THE W.A. WITHOUT COSTS