1 APHC010704572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36351/2025 Between: Mohammad Ahmadunnisa ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRINIVASA RAO MORTHA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36351/2025 In the present writ petition, the Petitioner is questioning the Memo issued by the Respondent No.4 vide C.No.69/A1/2025 dated 13.05.2025 insisting the Petitioner to produce no objection from Respondent Nos.5 and 6 ( in laws) for consideration of her case for compassionate appointment, as illegal and arbitrary. 2. The husband of the Petitioner, namely, late Mohammad Valibabu (AR PC 4767) had died on 19.01.2022 due to health issues while working as AR PC 4647 of DAR, Kakinada, Kakinada District. The Petitioner being dependent on her husband had made applications/ representations on 20.07.2022, 14.11.2022 and 18.02.2025 to the Respondent No.4 enclosing all necessary documents for appointment on compassionate grounds in terms of scheme notified by the Government in G.O.Ms.No.687, dated 03.10.1977. 3. While so, the Respondent No.4 vide C.No.69/A1/2025, dated 13.05.2025 issued the impugned proceedings stating that the proposals were returned by the office of the Collector and District Magistrate, Kakinada, for three reasons i.e., (i) Affidavit 3 from the Petitioner stating that the Petitioner will maintain the dependent family members of the deceased properly, (ii) No objection affidavit from family members not enclosed and (iii) obtain No objection certificate from the Respondent Nos. 5 and 6, who are the father in law and mother in law of the Deceased. Hence, the Petitioner filed the present writ petition to the extent of no objection sought from Respondent No.5 and 6. 4. Learned counsel for the Petitioner would submit that under the scheme of compassionate appointment, the Petitioner, being the wife, alone is entitled to compassionate appointment, and Respondent Nos. 5 and 6, being the in-laws of the deceased, who are aged about 51 and 59 years, are not rival claimants for compassionate appointment. 5. Learned Assistant Government Pleader, on instructions, would submit that as per the Memo No.326/I.C/93-4, dated 22.05.1995, while considering the proposals for compassionate appointment, there is a requirement of no objection declaration from the other family members apart from other requirements and therefore, the insistence to produce no objection from Respondent Nos. 5 and 6 need not be bypassed. 4 6. Having heard the respective counsel, the memo relied on by the learned Assistant Government Pleader speaks the following requirements, which read as under : “i. Death Certificate. ii. Legal Heir Certificate. iii. Educational Qualifications with date of birth proof certificate. iv. No earning Member declaration from the applicant seeking employment. v. No objection declaration from the other family members. vi. Financial status of the family members from the Revenue Divisional Officer concerned verify whether the family is very poor and deserving for the compassionate appointments, under the scheme”. 7. In the opinion of this Court, no objection declaration from other family members at clause (v) above is vis-à-vis the rival claimants, if any, in the family claiming for appointment on compassionate grounds. In this case, as Respondent Nos. 5 and 6 being the in-laws are not claiming for compassionate appointment and therefore, to insist for no objection declaration from Respondent Nos. and 5 and 6 is wholly unwarranted. 5 8. Therefore, the Respondents are directed to consider the case of the Petitioner for compassionate appointment taking into consideration the applications submitted by the Petitioner on 20.07.2022, 14.11.2022 and 18.02.2025 without insisting on the no objection declaration from Respondent Nos.5 and 6. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 29.12.2025 eha 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.36351/2025 Dated 29.12.2025 eha