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2025 DAILYLAW 8813 (AP)

T. Sriramulu v. The State of Andhra Pradesh

WP/5858/2020 · 2025-01-29

K Manmadha Rao

body2025

Judgment text

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APHC010096622020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 5858/2020 Between: T. Sriramulu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “… pleased to issue a Writ Order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents in not considering the claim of the petitioners dated 2.11.2019 for compassionate appointment of VRA of Kurijala village on the death of his father and proceeded for issuance of compassionate appointment in favour of 4th respondent when his claim is pending as illegal, arbitrary and violation of principles of natural justice and also Article 14, 16 and 300-A of the Constitution of India and consequently direct the respondents to conduct an enquiry in respect of eligibility of getting compassionate appointment…” 2. The case of the petitioner in brief is that the petitioner’s father worked as VRA at Kurijala Village and died on 24.11.2019 while he was working as VRA of Kurijala Panchayat. After the death of his father, the petitioner’s mother and one Narayanappa who is the son of 1st wife has made an application to the 3rd respondent to provide compassionate appointment to the petitioner since he possessed required education qualification of SSC. Despite the requisition is pending for consideration, the respondents have directly offered compassionate appointment to the 4th respondent and he is presently working in the 3rd respondent office as VRA of Kurijala. When the petitioner has made an application for family member certificate the 3rd respondent has rejected the said document. Aggrieved by the same, the present Writ Petition is filed. 3. Heard Kotha Krishna Deepthi, learned counsel representing on behalf of Mr Jada Sravan Kumar, learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for Respondents. 4. On hearing, learned counsel for the petitioner submits that though the petitioner has made a representation, dated 26.11.2019 seeking compassionate appointment to the post of VRA of Kurijala Village, but the respondents did not consider the said representation, which is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 5. Whereas, learned Government Pleader for Revenue appearing for the respondents has furnished a copy of the written instructions furnished by the 3rd respondent. Relevant paragraph of the said instructions reads as follows:- “ I submit that later the then Tahsildar have appointed Sri T.Devaraju, S/o.T.Munivenkatappa(son of 2nd wife) as VRA, Kurijala in the Ref.Dis.A/46/2019, dated 30.11.2019 keeping in view of the necessity of he filed staff for smooth functioning of administration and also keeping in view of the experience gained by T.Devaraju on temporary basis. The said appointment was purely made on temporary basis an this temporary appointment is valid upto 6 months from the date of appointment”. Basing on the above, learned Government Pleader submits that as the appointment of the 4th respondent is only for a period of Six (6) months, the petitioner may file a fresh application before the 3rd respondent. On receipt of the said application, the 3rd respondent will consider the same and pass appropriate orders. 6. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader for Revenue, the petitioner is directed to submit a fresh application to the 3rd respondent for compassionate appointment to the post of VRA of Kurijala Village. On receipt of such application, the 3rd respondent is directed to conduct an enquiry by giving opportunity to the petitioner and to the 4th respondent and pass appropriate reasoned orders in accordance with law within a period of Six (06) months from the date of receipt of the application. 7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date 29.01.2025 TM