P a g e | 1 APHC010292392024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 15175 OF 2024 Between: 1. KUDA RIKTHA SRI, Kum. Kuda Riktha Sri, D/o. Kuda Chinna Chittibabu (Late), Aged 18 years, D.No- 9-111/19/1, Lakshmipuram, Papayyarajupalem, Visakhapatnam-530051, Andhra Pradesh. ...Petitioner AND 1. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM, Represented by its Commissioner, G.V.M.C. 2. The State of Andhra Pradesh, Represented by its Special Chief Secretary , Municipal Administration and Urban Development Authority Department, Secretariat, Velagapudi, Amaravathi. ...Respondents Counsel for the Petitioner: B.UMA MAHESWARA RAO Counsel for the Respondents: GP FOR SERVICES IV Counsel for the Respondents:A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) P a g e | 2 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 15175 OF 2024 ORDER: This writ petition is filed seeking the following relief: “…to issue a Writ of Mandamus declaring the action of the 1st respondent in issuing the endorsement RC No. 10959/2021/C2 dated. 14-06-2023 rejecting the claim of the Petitioner for compassionate appointment in last grade services in violation of G.O.Ms. No.687 dated.03-10-1977 and Government Memo No. 2047/Ser-A/83-1 GAD dated. 10-10-1983 and the action of the 2nd respondent Government for having not considered the representation of the Petitioner dated 29-06-2023 in violation of the policy of the scheme as illegal. discriminative and arbitrary and therefore direct the respondents to consider my representation for appointment under the compassionate scheme in any of the last grade posts in 1st respondent Greater Visakhapatnam Municipal Corporation in relaxation of age of 11 months 26 days to attain 16 years for securing last grade posts under compassionate scheme as per the prevailing statutes…” 2. Brief facts of the case are that: Petitioner’s father, while working as Work Inspector in the respondent- Corporation, died on 19.05.2021. Thereafter, petitioner’s mother submitted a request to the Corporation seeking compassionate appointment for the petitioner, being the daughter of the deceased employee. However, Corporation, vide Endorsement dated 14.06.2023, rejected petitioner’s claim on the ground that, as per G.O.Ms.No.165, dated 20.03.1989, minimum age prescribed for dependent of a deceased employee for direct recruitment is 18 years, whereas petitioner was aged 15 years, 2 months and 28 days as on the date of death of deceased employee. Accordingly, Corporation rejected case of petitioner. Aggrieved by that, present writ petition has been filed. P a g e | 3 3. Heard Sri B.Uma Maheswara Rao, learned counsel for petitioner, Ms.B.Sameera, learned Assistant Government Pleader for Services IV and Sri Harsha S Ammineni, learned counsel representing Sri ASC Bose, learned Standing Counsel appearing for respondents. 4. Learned counsel for petitioner drawn the attention of this Court to the Government Memo No.687, dated 03.10.1977, and G.O.Ms.No.165, dated 20.03.1989, wherein relevant portion of the G.O.Ms.No.165 reads as under: “2.In the Government Order second read above it was ordered that dependants of deceased Government servants may be considered for appointment even if they are 16 years of age for appointment to a post included in the Last Grade Service in relaxation of rules, subject to the condition that the service rendered prior to attaining majority should not be counted till the dependant attains majority. 3. The Government of India have in their office Memo third read above communicated their decision in regard to the minimum age for entry into Government service which has been fixed keeping in view the health requirements, mental development etc; and stated that if an employee dies in harness while in service or is retired on invalid pension and there is a ward below 18 years of age and who alone is available for appointment he should apply for a job as soon as he attains the age of 18 years and that persons below the age of 18 years should not be considered appointment on compassionate grounds.” 5. Placing reliance on paragraph No.2 of the above said G.O.Ms.No.165, learned counsel for petitioner submitted that, in case of appointment to the Last Grade Service, minimum age for appointment has to be taken as 16 years in relaxation of rules, subject to the condition that the service rendered prior to attaining majority should not be counted till the dependant attains majority and service shall be counted on attaining the age of majority by the dependant. P a g e | 4 6. Per contra, learned Standing Counsel appearing for respondents submitted that, as on the date of death of father of petitioner, i.e., 19.05.2021, petitioner was aged about 15 years, 2 months and 28 days. Even if the concession provided under Paragraph No.2 of the above said G.O., is taken into consideration, she did not attain the age of 18 years, as such, she is not entitled to any relief sought. 7. Considered the submissions made on either side. 8. As per the above said G.O.Ms.No.165, in respect of the candidates seeking appointment on compassionate grounds to posts in Last Grade Service, minimum age is relaxed to 16 years. Therefore, if the said relaxation of 2 years is extended to petitioner, she would be well within the permissible age limit for consideration, as she is claiming only Last Grade Service. Further, by now, petitioner has attained majority, as such, at any rate, she would be entitled for consideration to the Last Grade Service in terms of Government Memo No.687, dated 03.10.1977 and G.O.Ms.No.165, dated 20.03.1989. 9. In view of the foregoing reasons, writ petition is allowed. Consequently, the impugned endorsement dated 14.06.2023 is hereby set aside. Respondents are directed to consider the case of petitioner for appointment under compassionate grounds in the Last Grade Service according to her eligibility and pass appropriate orders within a period of two (2) months from the date of receipt of a copy of this order. P a g e | 5 As a sequel, miscellaneous applications, pending, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 22.09.2026 Dvs P a g e | 6 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI 182 WRIT PETITION NO: 15175 OF 2024 Date: 22.09.2026 Dvs