Y SRI KRISHNA BALAJI v. THE STATE OF ANDHRA PRADESH
WP/7861/2025 · 2025-03-27
Challa Gunaranjan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9863 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9863 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010109742025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7861/2025 Between: Y Sri Krishna Balaji ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. PAMARTHY RATHNAKAR Counsel for the Respondent(S):
1. GP FOR SERVICES I The Court made the following ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following order:
“to declare the action of respondents more particularly 4th respondent for not considering the petitioner's candidature for Compassionate appointment under Medical Invalidation of his late father after the lapse of more than 5 years from the date of application is illegal, arbitrary and
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violative of Articles 14 and 21 of the Constitution of India and direct the respondents to consider the petitioner's candidature for Compassionate appointment under Medical Invalidation of his late father in any suitable post as petitioner is fit and eligible and pass such other orders.”
2. Petitioner's father was initially appointed as Constable and due to severe ill health, he had applied for voluntary retirement under medical invalidation, which was accepted by respondents on
03.06.2019. Petitioner later made application for compassionate appointment in terms of G.O.Ms.No.661, General Administration (Ser.G) Department, dated
23.10.2008. Considering the said application, petitioner was communicated endorsement dated 23.03.2022 informing that there were no posts of Junior Assistant and lower grade employees to be considered under medical invalidation quota, however, a vacancy of Typist was available and if petitioner was willing for appointment to the said post, he was called upon to produce requisite certificates. Petitioner, by letter dated 12.04.2022, informed the 4th respondent that he is willing to accept the post of Typist, however, sought time for acquiring the certificate after getting proper training. Petitioner stated to have acquired the necessary qualification for the post of Typist and made
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representations dated 08.07.2024 and 08.10.2024 requesting the 4th respondent to consider his case for compassionate appointment. However, the same is not disposed of as of now, aggrieved by the same, petitioner filed the present writ petition.
3. Heard Sri Pamarthy Rathnakar, learned counsel for petitioner and learned Assistant Government Pleader for Services – I for the respondents.
4.
Learned counsel for petitioner submits that petitioner is entitled to be considered for compassionate appointment on medical invalidation in terms of G.O.Ms.No.661, dated 23.10.2008, as the very same respondents have asked for petitioner's willingness to accommodate in the post of Typist, he has undergone the training and got qualified, but, however, the respondents are not considering his case.
5. On the other hand, learner Assistant Government Pleader appearing for respondents submits that the respondents will consider the case of petitioner by disposing the representations made by petitioner in this regard.
6. In view of the aforesaid submissions, without expressing any opinion on merits, with the consent of both the counsel, this
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writ petition is disposed of directing the 4th respondent to consider and pass appropriate orders on the representations submitted by the petitioner dated 08.07.2024 and 08.10.2024 in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous petitions pending
consideration, if any, in this case shall stand closed.
_______________________ CHALLA GUNARANJAN, J 27.03.2025 SS