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2025 DAILYLAW 58354 (AP)

R NEETHU v. THE STATE OF AP

WP/30569/2023 · 2025-10-27

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010591062023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 30569/2023 Between: 1. R NEETHU, D/O. LATE R.G. RAMESH, AGED 24 YEARS, R/O. D.NO.6-238, ROLLA VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT. 2. B.V. PUSHPAVATI,, W/O. LATE R.G. RAMESH, AGED 47 YEARS, R/O. D.NO.6-238, ROLLA VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVT., B.C. WELFARE DEPARTMENT, SECRETARIAT, AT VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT, SRI SATHYA SAI. 3. REVENUE DIVISIONAL OFFICER, PENUKONDA DIVISION, PENUKONDA, SRI SATHYA SAI DISTRICT. 4. THE DISTRICT B C WELFARE AND EMPOWERMENT OFFICER, B.C. WELFARE DEPARTMENT, SRI SATHYA SAI DISTRICT. 5. THE TAHSILDAR, AMARAPURAM MANDAL, SRI SATHYA SAI DISTRICT. 6. THE TAHSILDAR, ROLLA MANDAL, SRI SATHYA SAI 2 DISTRICT. 7. SMT LAKSHMI DEVI, W/O. NOT KNOWN, AGED NOT KNOWN, R/O. D.NO. 1-164, MASJEED STREET, AMARAPURAM VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT. 8. MAHANTESH, S/O. SMT. LAKSHMI DEVI AGED NOT KNOWN, R/O. D.NO. 1-164, MASJEED STREET, AMARAPURAM VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT. ...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 issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus Declaring the action of the respondents No. 2 and 4 in not providing the compassionate appointment to the 1st petitioner in the place of 1st petitioner's deceased father namely Sri R.G. Ramesh despite the 1st petitioner being fully eligible, in terms of G.O. MS No. 687 dated 03.10.1977 and G.O.Ms.No.612 dated 30.10.1991 is illegal, arbitrary and un-constitutional despite of many representatives and personal requests made to the respondents No. 2 and 4 and not providing the compassionate appointment to the 1ST petitioner in the place of 1st 1 petitioner's deceased father namely R.G. Ramesh, in spite of my applications/representations dated 20.09.2021 and 16.11.2023 that is immediately within the stipulated time. Declaring the action of the respondents No. 2 and 4 in not paying gratuity and other pensionary benefits to the 2nd petitioner, who also made a representation to the 4th respondent on 31.05.2021 with a request issue gratuity and other benefits is illegal, arbitrary and un-constitutional and also contrary to G.O. MS No. 687 dated 03.10.1977 and G.O.Ms.No.612 dated 30.10.1991 and against Rule 50 of the Rules 1980, colourable exercise of powers and is violative of Article 14, 21 and 300A of the Constitution of India and violative of well-settled principles of natural justice and consequently direct the 2nd and 4th respondent to appoint the et petitioner on compassionate grounds and direct the 2nd and 4th respondent to 3 issue gratuity and other pensionary benefits to the 2nd petitioner and to 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 direct the 2nd and 4th respondent to appoint the 1st petitioner on compassionate grounds and direct the 2nd and 4th respondent to issue gratuity and other pensionary benefits to the 2nd petitioner forthwith pending disposal of the Writ Petition and pass IA 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 respondent Nos. 2, 3, 5 and 6 to re-enquire and cancel the family member certificate and socio economic status certificate issued to Respondent Nos. 7 and 8 vide Application No. FAMC012203189287 dated 21.04.2022 and vide RC No. 887/2022/F dated 12.09.2022 and RC No. 27/2022/C dated 05.09.2022 and issue Family member certificate and Socio economic status Certificate to the petitioners herein, forthwith pending disposal of the Writ Petition and pass IA NO: 3 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 Grant Stay of release of pensionary benefits and death benefits of Late Sri Late R.G. Ramesh is concerned to the 7th and 8th respondents until further / final Orders, forthwith pending disposal of the Writ Petition and 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 pleased to dismiss the W.P.No.30569/2023 with exemplary costs by vacating the interim orders dt.06-12-2023 passed in lA No. 3/2023 in WP No. 30569/2023, and pass 4 IA 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 may be pleased to grant leave to the 7th respondent herein in the above writ petition to file counter affidavit and pass IA NO: 2 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 may be pleased to close the above W.P.No.30569/2023 with the above observations, as the respondents herein are agreed to pay a sum of Rs 18,00,000-00 (Eighteen lakhs Only) immediately after withdrawal of the above writ petition and pass Counsel for the Petitioner(S): 1. M CHINNAPA REDDY Counsel for the Respondent(S): 1. SUDHESHNA YAKKALA 2. GP FOR SERVICES I 3. GP FOR SERVICES II The Court made the following: 5 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.30569 of 2023 ORDER : Learned counsel for the Petitioners seeks permission of this Court to withdraw the writ petition. Permission as sought for is accorded. The writ petition is dismissed as withdrawn with liberty to pursue the legal remedies as and when occasion arises. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 28.10.2025 KLP