Extracted from the PDF above. The PDF is authoritative.
APHC010064002025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 3500/2025 Between: Domala Janardhan ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. M BALASUBRAHMANYAM Counsel for the Respondent(S):
1. GP FOR SERVICES I The Court made the following:
ORDER:
The present writ petition is filed seeking the following prayer:
“ to issue an appropriate writ, order or direction, more particularly, a writ in the nature of mandamus to consider the petitioner’s candidature for appointment under compassionate grounds, dated 16.12.2024, issued by the 2nd respondent to various unit heads in the State of Andhra Pradesh, as per the Fax Messages, for filling-up the vacancies for appointment on compassionate grounds in accordance with law, as the petitioner has already submitted the required documents and as per 3rd
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respondent’s Memo. C.No.A12/1530/2019, dated 04.10.2021 and dated 28.03.2024 and pass…..”
2. Petitioner’s father was appointed as Police Constable on 23.06.1987 and he died in harness on 02.01.2019. As on that day, he was discharging duties as Assistant Sub-Inspector of Police at Panyam Police Station, Kurnool District. Petitioner, who is a B.A. Graduate, is son of the deceased Assistant Sub-Inspector of Police. The deceased is survived by wife, two sons and daughter and due to his sudden demise, the family is not in a position to maintain as he was only bread earner. Petitioner claims to be eligible for consideration to be appointed on compassionate ground in terms of G.O.Ms.No.687, dated 03.10.1977, and subsequent Government Orders. Petitioner has made application, dated 21.08.2019, to the 3rd respondent to consider his case for appointment on compassionate ground. As the same was not being considered, petitioner filed W.P. No.7204 of 2021. This Court, by order, dated 30.03.2021, while disposing of the writ petition, directed the respondents to consider the case of the petitioner and pass appropriate orders in accordance with law. In pursuance to the said orders, the 3rd respondent issued memo, dated 22.07.2021, asking the petitioner to produce no objection affidavit from spouse of the deceased and so also another memo, dated 04.10.2021, asking to furnish the financial status for the purpose of consideration of petitioner’s claim for appointment on
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compassionate ground. The deceased also had first wife and daughter and petitioner, being son of second wife, there was disagreement on settlement of claims, however, later all of them have mutually settled the issues and agreed that first wife and daughter would receive death benefits and whereas, the petitioner being son of second wife, would claim for compassionate appointment. Accordingly, a settlement agreement came to be entered into between the parties.
All the family members of the deceased have individually issued no objection on notarized affidavits to show that they have no objection for the petitioner being granted employment on compassionate ground. All these documents have been submitted by the petitioner to the 3rd respondent by letter, dated 28.03.2024, however, the petitioner has not received any response from them. Therefore, he has once again made another representation, dated 09.01.2025, to expedite the process. As there is no response, petitioner is constrained to file the present writ petition. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing for the respondents. 4.
Learned counsel for the petitioner submits that the claim of petitioner for compassionate appointment is pending consideration with the respondents and that petitioner submitted all the relevant documents
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as sought for by the respondents, however, there is no final decision taken on the same.
5. Learned Assistant Government Pleader for Services-I appearing for the respondents, however, submits that petitioner though submitted some of the documents, they need to be verified about the genuineness of the same as there are inter se claims between the family members of the deceased.
6. It is undisputed that father of petitioner died in harness and under the Scheme of granting compassionate appointment, the case of petitioner requires to be considered. However, as the claim for compassionate appointment cannot be a matter of right, the person claiming the same has to satisfy the requirements of the financial need and other aspects as enumerated under the Scheme. The petitioner has submitted the financial status certificate along with notarized affidavits of the individual family members besides the inter se agreement among the two wives and their children of the deceased, by which the claim of the petitioner for appointment on compassionate grounds has been confirmed.
7. Without expressing any opinion on the merits of the matter, the respondents are directed to consider the aforesaid documents submitted by the petitioner and subject to their relevancy and adequacy, the
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respondents shall consider and pass appropriate speaking orders on the petitioner’s application for appointment on compassionate ground within a period of 6 (six) weeks from today.
8. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed.
_____________________________ JUSTICE CHALLA GUNARANJAN Date:13.03.2025. cs