APHC010148232022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9423/2022 Between: 1. PUDI KAVYA, D/O LATE PUDI PRABHKAR, AGED 20 YEARS, R/O .D.N0.26-12-1060, CHURCH STREET, KONDAYAPALEM, A.K.NAGAR POST, NELLORE, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER OF SCHOOL EDUCATION, 4TH FLOOR VTPS ROAD, BHIMARAJU GUTTA, IBRAHIMPATAM, KRISHNA DISTRICT- 521456 3. THE REGIONAL JOINT DIRECTOR, SPSR NELLORE DISTRICT AT SPSR NELLORE. 4. THE DISTRICT EDUCATION OFFICER, SPSR NELLORE DISTRICT AT SPSR NELLORE. 5. THE MANDAL EDUCATIONAL OFFICER, MANDAL RESOURCE CENTRE, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT AT SPSR NELLORE ...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 topleased to issue an order or direction more particularly in the nature of writ of Mandamus declaring inaction of the Respondent Nos.2 to 4 to not considering petitioner application and in not providing the any suitable post seeking compassionate appointment in my favour is highly illegal, arbitrary, 2 unjust and against the principles of Article 14,20 and 21 of Constitution of India and also against the Principles of natural justice and Consequently, directing the Respondent No. 2 to 4 to providing any suitable post on compassionate Grounds and pass IA NO: 1 OF 2022 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 Respondent No. 2 to 4 to consider petitioner application and provide compassionate appointment as requested in representation dated (23-03-2017 Pending disposal of the writ Petition pass IA 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 quash the proceeding No.R.C.No.3914/B2/2018 dt 29-06-2018 issued by the 4th Respondent by declaring it as against the Article 14 of the Constitution of India and also against the Memo No.618/Ser.A/78-11 dt.17-12- 1979 and pass Counsel for the Petitioner: 1. G V V S VARA PRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: ORDER:- Heard Sri G.V.V.S.Vara Prasad, learned counsel for the petitioner and learned Government Pleader for Services II. 2. Challenge is to the action of the respondents in not considering the case of the petitioner for appointment on compassionate grounds. It is stated that the petitioner has filed an application on 21.12.2017, seeking appointment on compassionate grounds, in continuation of the request made by her mother on 03.03.2017. The respondents have passed an order on 3 29.06.2018, rejecting the case of the petitioner for appointment on compassionate grounds, observing as under: “Sri Pudi Kavya, D/o Late P.Prabhakar, Secondary Grade Teacher, MPPS, Nakkalamitta of Venkatachalam Mandal, SPSR Nellore District submitted the compassionate appointment proposals along with the required certificates with a delay of one year, as per para 2 of G.O.Ms.No.687, G.A.D., dt:03.10.1977 application for appointment of the spouse/children of the deceased employee shall be entertained within a period of one year from the date of occurrence of the death of the Government Servant. Hence, it is not feasible to entertain for onward submission of the proposals as per aforesaid orders for further course of action. So, the proposals are hereby returned to Sri Pudi Kavya, D/o Late P.Prabhakar, Secondary Grade Teacher, MPPS, Nakkalamitta of Venkatachalam Mandal, SPSR Nellore District.” 3. The said application was accordingly rejected by the respondents, however, it appears from the record that there is no challenge to the said proceedings of the respondents. The petitioner has approached by way of instant writ petition seeking appointment on compassionate grounds. 4. Having regard to the fact that the respondents have rejected the request of the petitioner vide proceedings dated 29.06.2018 and the petitioner had not chosen to challenge the said proceedings. The relief sought in the writ petition for a direction to the respondents to appoint her on compassionate grounds is not maintainable without there being a challenge to the order of rejection. 5. Accordingly, the writ petition is dismissed. There shall be no order as to costs. 4 As a sequel, interlocutory applications, pending if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:03.09.2025 ANI 5 195 THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.9423 of 2022 Date:03.09.2025 ANI