APHC010071722023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 3559/2023 Between: Tatapudi Satish ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G V S MEHAR KUMAR 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: The present writ petition is filed seeking the following relief: “…to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd and 3rd respondents in not considering the representation, dated 08.12.2022, for appointing the petitioner to the post of Sweeper in the office of the 3rd respondent on compassionate grounds in view of death of petitioner’s father I.e., Tatapudi Devadanam, as illegal, 2 CGR, J. W.P.No.3559 of 2023 arbitrary, violative of principals of natural justice and contrary to the guidelines issued in G.O.Ms. No.118, dated 18.08.1999, and consequently, direct the respondents to extend the benefit of G.O.Ms.No.118, dated 18.08.1999, to the petitioner for appointment on compassionate grounds forthwith and to pass….” 2. Petitioner’s father was appointed as Sweeper on contractual basis at 3rd respondent Gram Panchayat on 01.04.1997. He continued to serve there and he died on 08.11.2022 in harness. Petitioner being son made representation, dated 08.12.2022, to 3rd respondent for considering his case for appointment on compassionate grounds in terms of G.O.Ms.No.118, Finance and Planning (FW.PC.III) Department, dated 18.08.1999, and as the same is not being considered, the present writ petition is filed. 3. 3rd respondent filed counter-affidavit inter alia stating that petitioner’s father was engaged into service by 3rd respondent on contractual basis for a period of two years initially in the year 1997 and thereafter, he has been continued in service as Sweeper. Petitioner’s claim for compassionate appointment in terms of G.O.Ms. No.118, dated 18.08.1999, cannot be considered in view of the fact that petitioner’s father otherwise was not entitled for regularisation in terms of G.O.Ms.No.212, Finance and Planning (FW.PC.IM) Department, dated 22.04.1994, and G.O.(P) No.112 Finance and Planning (FW.PC.III) Department, dated 23.07.1997, and therefore, 3 CGR, J. W.P.No.3559 of 2023 his case has not been considered. It is stated that petitioner’s father was being engaged on contractual basis from time to time and his last contract period was subsisting till March, 2024, in terms of the Gram Panchayat Resolution No.49, dated 13.01.2023, as he is not regular employee, petitioner cannot claim compassionate appointment even on such grounds. 4. Learned counsel for the petitioner submits that in terms of G.O. Ms.No.118, dated 18.08.1999, petitioner is entitled to be considered for compassionate appointment and would draw attention to para.3 of the said G.O., to contend that in case employee is entitled for regularisation in terms of G.O.Ms.No.112, dated 23.07.1997, as on the date of his death, dependant would be entitled for compassionate appointment treating the employee as deemed to be regularized. 5. It is not in dispute that petitioner’s father initially was appointed as Avenue Watcher in the year 1997 and later continued to work as Sweeper and he died on 08.11.2022 in harness. The claim of petitioner for compassionate appointment is based on G.O.Ms. No.118, dated 18.08.1999. The said G.O. envisages that the deceased, even if daily wager, N.M.R., consolidated pay person, or contingent worker on full-time or part-time basis, would be eligible for 4 CGR, J. W.P.No.3559 of 2023 regularization in terms of G.O.Ms.No.212, dated 22.04.1994, and G.O.(P) No.112, dated 23.07.1997, as on the date of his death, and in such cases, his dependent would be eligible and entitled to compassionate appointment. Since petitioner’s father joined service on 01.04.1997, and the cut-off date for reckoning regularization under G.O.Ms.No.212, dated 22.04.1994, is 25.11.1993, he is not entitled for regularization. In view of the same, the aforesaid G.O. would not come to the aid of the petitioner. As no other grounds have been urged to claim compassionate appointment, this Court does not find any merit in the writ petition. 6. Accordingly, the writ petition is dismissed. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:29.04.2025. cs