IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL | TWO THOUSAND AND TWENTY FIVE N PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 41166 OF 2022 Between: Siripurapu Issaac Sushant Dev, S/o. Premakara Rao, aged 21 years, R/o 3-13-10, CBM Compound Narsipatnam, Anakapalli District (Erstwhile Visakhapatnam District), AP. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Panchayat Raj, Secretariat Budlings, Amaravathi, AP. 2. The Chief Executive Officer (CEO), Zilla Parishad, Visakhapatnam District, AP. 3. The District Educational Officer (DEO), Anakapalli District, AP. 4. Mandal Educational Officer (MEO), Anakapalli District. ...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 any order or orders or direction more particularlyin the nature of Writ of Mandamus declaring the action of 2 nd Respondent in rejecting my application for Appointment on compassionate grounds in ^Qi'E-file.No.330034/ZPP-ESTOAPTS/48/2022-JA dt.21/11/2022as illegal. Arbitrary, Erroneous and Offending Articles 14,19 and 21 of the Constitution of India and consequently direct the 2 respondent to consider my Application and provide Employment on Compassionate Grounds. U- (A3)-ZPPVSKP nd 0 lA 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 to direct the 2^^ respondent to provide me Appointment on Compassionate Grounds. Counsel for the Petitioner: SRI A. RADHAKRISHNA Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES IV The Court made the following: ORDER V 1 *r APHC010696522022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 41166/2022 Between: Siripurapu Issaac Sushant Dev ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.ARADHAKRISHNA Counsel for the Respondent(S): 1.GP FOR SERVICES IV 2.G SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES) The Court made the following: ORDER: Heard Sri A. Radhakrishna, learned counsel for the petitioner and learned Assistant Government Pleader for Services IV appearing for the respondents. nd The Writ Petition is filed challenging the proceedings of the 2 2. respondent, dated 21.11.2022, rejecting the case of the petitioner for appointment on compassionate grounds. 2 3. It is contended that the mother of the petitioner, who was working as a Secondary Grade Teacher, died on 30.01.2020 while in service at MPP Primary School, SC Colony, Narsipatnam. After her demise, the petitioner submitted an application to the Mandal Educational Officer, Narsipatnam, and seeking appointment on compassionate grounds. The said application, dated 25.06.2020, was forwarded by the Mandal Educational Officer to the District Educational Officer, Visakhapatnam. Thereafter, the District Educational Officer issued proceedings in Rc. No. 1325/A5/2022 dated 22.04.2022, returning the proposal for resubmission after verification. Subsequently, the application was forwarded to the 3'^ respondent, District Educational Officer, Anakapalli, vide proceedings in Rc. No. 59/MEO/2022 dated 19.10.2022. However, the 3'*^ respondent vide impugned proceedings, rejected the application on the ground that application filed by the petitioner was not within one year from the date of demise of the government servant. Further on the ground that the husband of the deceased has retired from service and was getting pension. In the said circumstances, the application filed by the petitioner was rejected. Challenging the said order, the instant Writ Petition is filed. 4. Considered the rival submissions. 5. The ground(s) on which the application of the petitioner rejected is not tenable, for the reason that immediately after the death of the petitioner’s mother, he has applied to the Mandal Educational Officer. The said application was delayed in processing between the two Offices. And with was 3 regard to the 2"'^ ground on which petitioner’s application was rejected, is the income of the family i.e., Service pension received by the petitioner’s father. The pension received by the deceased employee’s spouse cannot in any case be considered as income of the family. Having regard to the same, this Court deems it appropriate to set aside the order impugned and remand the matter to the 3'"'^ respondent for fresh consideration, after giving due opportunity to the petitioner, within a 6. period of eight weeks from the date of receipt of a copy of this Order. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Principal Secretary, Department of Panchayat Raj, State of Andhra 1. The Pradesh, Secretariat Budlings, Amaravathi, AP. 2. The Chief Executive Officer (CEO), Zilla Parishad, Visakhapatnam District, AP. District Educational Officer (DEO), Anakapalli District, AP 3. The 4. Mandal Educational Officer (MEO), Anakapalli District. 5. One CC to Sri A. Radhakrishna, Advocate [OPUC] 6. One CC to Sri Srinivasula Reddy, SC for ZPP, MPP & Gram Panchayat[OPUC] 7. Two CCs to 8. Three CD Copies. GP for Services- IV, High Court of Andhra Pradesh. [OUT] ssb HIGH COURT DATED:23/04/2025 ORDER WP.No.41166 of 2022 P 09 MAY 2025 \ Curreni becijon . DISPOSING OF THE W.P. WITHOUT COSTS