APHC010093912025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: Between: Ganta Venkata Mayuri The State Of Ap and Others Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4839/2025 ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: Counsel for the Respondent(S): GP FOR CIVIL SUPPLIES The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3311] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY THE HONOURABLE MS JUSTICE B S BHANUMATHI ...PETITIONER ...RESPONDENT(S) 2 BSB, J W.P.No.4839 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ of Mandamus or any other appropriate Writ, Order, or direction, declaring the inaction of the 2nd respondent in not considering the petitioner’s representation dated 06.03.2023, to appoint the petitioner as a Fair Price Shop dealer on compassionate grounds for Shop No.0618031 situated at Vanukuru village, Penamaluru Mandal, Krishna District, as illegal, arbitrary, and in violation of the principles of natural justice. Consequently, direct the 2nd respondent to appoint the petitioner as a Fair Price shop dealer on compassionate grounds for Shop No.0618031 situated at Vanukuru village, Penamaluru Mandal, Krishna District and pass such other order or orders as deemed fit and proper in the facts and circumstances of the case.” 2. Heard Sri K. Srinivas, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. The case of the petitioner is, briefly, as follows: a. The mother of the petitioner, by name, Ravi Krishna Kumari, was appointed as fair price shop dealer for shop No.0618031 situated at Vanukuru village, Penamaluru Mandal, Krishna District and has been supplying the essential commodities to the cardholders without any adverse remarks. Her mother passed away on 10.07.2020. After her demise, her father took charge as the fair price shop dealer, however, he also passed away. Thereafter, the petitioner came to be appointed 3 BSB, J W.P.No.4839 of 2025 as fair price shop dealer by the 2nd respondent under SHG on 18.07.2020. Since her appointment, she has been diligently distributing the commodities to the cardholders. b. While so, the petitioner made a representation to the 2nd and 3rd respondents on 06.03.2023, requesting for her appointment as a fair price shop dealer on compassionate grounds relying upon the provisions of G.O.Ms.No.4 CAF & CS (CS) Department, dated 28.02.2014. The petitioner also filed writ petition in W.P.No.27371 of 2024. By order, dated 25.11.2024, this Court disposed of the writ petition directing the respondents therein to consider the representation, dated 06.03.2023, of the petitioner within a period of six weeks from the date of receipt of a copy of the order. However, as there was an error in identifying the respondents, this writ petition was filed. 4. On written instructions, the learned Assistant Government Pleader for Civil Supplies submitted that as per the conditions 6(i) & (ii) of the G.O.Ms.No.4 CAF & CS (CS1) Department, dated 28.02.2014 referred supra, compassionate appointment shall be confined to legal heirs only; on death of a dealer and where a family has an unmarried dependent daughter of the deceased without any living son or wife, the unmarried daughter shall be eligible, whereas in the present case the petitioner is a married daughter and second daughter of the deceased dealer, and therefore, she is not eligible for compassionate appointment. 5. The learned counsel for the petitioner submitted that when the other family members have submitted no objection certificate for the appointment, it is not a bar for the petitioner to be appointed. She further 4 BSB, J W.P.No.4839 of 2025 submitted that even the married daughter is eligible to be appointed on compassionate ground. 6. The learned counsel for the petitioner relied on the decisions of this High Court in W.P No.28931 of 2021 dated 20.01.2022 between Smt. Peddisetti Anitha Sree Yenepalli Anitha Sree vs. State of Andhra Pradesh 1 and W.P No.14734 of 2021 dated 08.04.2022 between Gochipatha Kalyani vs. State of Andhra Pradesh2, wherein the issue under challenge is the appointment of a married daughter on compassionate appointment being rejected by the appointing authorities. In both these decisions, this High Court held that the married daughter is also entitled for compassionate appointment, if otherwise eligible. In the decision (2nd supra), paragraph-15 reads as under: “…for all the aforesaid reasons, this Court is of the considered view that the married daughter is also entitled for compassionate appointment. The impugned order, rejecting the petitioner’s claim for appointment on compassionate ground, only on the ground that the petitioner is married daughter of the deceased, cannot be sustained. The impugned order is therefore quashed…” 7. The learned Assistant Government Pleader for Civil Supplies submitted that he has no written instructions. 8. Upon consideration of the settled proposition of law and the similar circumstances of this case being covered in the above cited decisions, this Court is of the view that the application of the petitioner 1 MANU/AP/OO72/2022 2 2022 SCC Online AP 913 5 BSB, J W.P.No.4839 of 2025 can be considered by the 2nd respondent in the light of the above decisions, within a period of six (06) weeks from the date of receipt of copy of this order. 9. In the result, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ B.S BHANUMATHI, J 24-02-2025 RAR