APHC010006602022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION TRANSFERED FROM APAT NO: 26/2022 Between: 1. CHINTA JAYA LAKSHMI, D/O LATE CH. PITCHAIAH (EX. VILLAGE SERVANT), 35Y, OCC. UN-EMPLOYEE, D.NO. 69-2-6, AMBEDKAR NAGAR, PATAMATA, VIJAYAWADA, KRISHNA DT. A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DT. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, ANDHRA PRADESH, VASUDA BHAWAN, GOLLAPUDI, VIJAYAWADA, KRISHNA DT. 3. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 4. THE SUBCOLLECTOR, VIJAYAWADA, KRISHNA DT. 5. THE TAHSILDAR, VIJAYAWADA URBAN MANDAL, VIJAYAWADA, KRISHNA DT. ...RESPONDENT(S): pleased to declare the action of the 5th respondent in rejecting the claim of the applicant for compassionate appointment for the post of Village Revenue Assistant in PATAMATA, Vijayawada Urban Mandal, Krishna District vide Proceedings Rc.C/1/2018 dt. 15.03.2018 on the ground that the 2 (SRS,J W.P.(AT)No.26 of 2022) application has not been submitted by the applicant within time as illegal, arbitrary, against to the principles of Natural Justice, and Violative of Art. 14, 16 and 21 of constitution of India and contrary to the Andhra Pradesh Village Revenue Assistants Service Rules, 2005 and set aside the same and consequently direct the respondents to appoint the applicant for the post of Village Revenue Assistant in PATAMATA, Vijayawada Urban Mandal, Krishna District under compassionate grounds in existing vacancies and pass Counsel for the Petitioner: 1. CHALLAGALI GOPALARAJU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following order: This writ petition was filed impugning the proceedings dated 15.03.2018 issued by the 5th respondent–Tahsildar, Vijayawada Urban Mandal, Vijayawada, Krishna District, vide Rc.C/1/2018, whereby the request of the petitioner for appointment on compassionate grounds as Village Revenue Assistant, Patamata, Vijayawada Urban Mandal, Vijayawada, Krishna District, was rejected. 2. The petitioner initially filed O.A. before the Andhra Pradesh Administrative Tribunal, Hyderabad. Upon abolition of the Tribunal, the said Original Application stood transferred to this Court and was renumbered as W.P.(AT) No.26 of 2022. 3 (SRS,J W.P.(AT)No.26 of 2022) 3. Heard Sri Challagali Gopalaraju, learned counsel appearing for the petitioner, and the learned Assistant Government Pleader for Services-I appearing for the respondents. 4. The father of the petitioner, namely Sri Ch. Pitchaiah, while working as Village Servant (Village Revenue Assistant), Patamata, Vijayawada Urban Mandal, Vijayawada, Krishna District, died in harness on 20.11.2004, leaving behind his wife, five daughters and one son. Immediately after the death of Sri Ch. Pitchaiah, his son Sri Ch. Lakshmanarao submitted an application seeking appointment on compassionate grounds. 5. While so, the Government issued G.O.Ms.No.15, Revenue (VO) Department, dated 15.01.2002, rescinding the A.P. (AT) Village Officers Service Rules and A.P. (AA) Village Officers Service Rules, consequent upon the transfer of services of Village Servants to the Panchayat Raj Department. Though orders were issued placing the Village Servants under the administrative control of the Mandal Revenue Officers, the service rules governing Village Servants were not restored. Consequently, there was no provision for the appointment of the dependents of Village Servants on compassionate grounds. In that regard, a reference (CCLA No.A3/1995/2002, dated 17.09.2004) was addressed to the Secretary to the Government, Revenue (VO) Department, Government of Andhra Pradesh, Hyderabad. Thereafter, the Mandal Revenue Officer, Vijayawada Urban Mandal, issued an 4 (SRS,J W.P.(AT)No.26 of 2022) endorsement to Sri Ch. Lakshmanarao, directing him to await further orders from the Government. 6. Be that as it may, the petitioner, who is the daughter of the deceased employee, made a representation in the year 2014, stating that her brother, Sri Ch. Lakshmanarao had already applied in the year 2004; however, no appointment was provided. He was suffering from ill-health, and the applicant was unmarried and requested to employ her on compassionate grounds. 7. The claim of the petitioner was rejected on the ground that the petitioner did not apply within one year from the date of death of the employee i.e., her father, as required under G.O.Ms.No.1849, Revenue (VO) Department, dated 28.10.2005, i.e., the Andhra Pradesh Village Servants Service Rules, 2005. 8. A counter affidavit has been filed by the 5th respondent–Tahsildar, reiterating the grounds on which the claim of the petitioner was rejected. However, paragraph No.8 of the counter affidavit reads as follows: “8. It is to submit that, as per the verification of the file and connected papers, it is learnt that, the age of the petitioner is 40 years (DOB: 1983), B.Com graduate and a resident of Vijayawada East Revenue Mandal. There is a clear vacancy available in Vijayawada East (Patamata Area Tahsildar Office) Revenue Mandal currently. The then Vijayawada Urban Mandal was re-structured into four mandals, as Vijayawada East, West, North & Central, Vide G.O.Ms. No:216 Rev 5 (SRS,J W.P.(AT)No.26 of 2022) [DA & LR]Dept., dt:08.05.2018 and Orders of the Collector & District Magistrate, Krishna, in Rc.No: 2416(H7)2015, dt:30-08-2018. Viz., Patamata Revenue village is in Vijayawada East mandal and the service matters related to Village Revenue Assistants (VRAs), previously, called as Village Servants of four mandals of Vijayawada, are with Tahsildar, Vijayawada Central Office currently. Hence, the action will be taken by re-examination of her grievance i.e., her claim for compassionate appointment by the present Tahsildars, based on the Orders of the Hon'ble High Court and on submission of Consent and No objection certificate (NOC) from her brother and sisters.” 9. Thus, from a perusal of the proceedings, there is no dispute concerning the death of Sri Ch. Pitchaiah, while in service. Immediately, the son of the deceased submitted an application seeking appointment on compassionate grounds within one year from the date of death. It is also an undisputed fact that no employment was provided to the son of the deceased due to placing the Village Servants under the administrative control of the Mandal Revenue Officers; the service rules governing Village Servants were not restored. Later, he subsequently died due to illness. 10. The petitioner thereafter made a representation in the year 2014, wherein she specifically referred to the application earlier submitted by her brother and the fact that he was not employed on compassionate grounds. Since the application had already been made within the prescribed period by the son of the deceased employee, and no appointment was granted on compassionate grounds, and he died later, the rejection of the petitioner’s 6 (SRS,J W.P.(AT)No.26 of 2022) claim solely on the ground that she made an application made beyond one year cannot be sustained. In the considered view of this Court, such rejection is arbitrary. 11. Apart from the above, paragraph No.8 of the counter affidavit itself states that the competent authority is willing to re-examine the grievance of the petitioner for appointment on compassionate grounds. At this juncture, the learned Assistant Government Pleader for Services-I submitted that, in the year 2014, the petitioner did not submit all the requisite documents and that, if the petitioner submits all the requisite documents, the 5th respondent would consider the claim afresh in accordance with law. In reply, the learned counsel for the petitioner would submit that the petitioner will submit all the required documents. 12. Given the discussion supra and the facts and circumstances of the case, the proceedings dated 15.03.2018 issued by the 5th respondent are hereby set aside. 13. The learned 5th respondent shall reconsider the claim of the petitioner for appointment on compassionate grounds arising out of the death of Sri Ch.Pitchaiah on 20.11.2004, in accordance with G.O.Ms.No.1849, Revenue (VO) Department, dated 28.10.2005, and the relevant Rules and governing compassionate appointments. 7 (SRS,J W.P.(AT)No.26 of 2022) 14. The petitioner shall submit all requisite documents, including the No Objection Certificates (NOCs) from the other family members, before the 5th respondent. Upon receipt of the same, the 5th respondent shall issue notice to all concerned and complete the entire exercise, as expeditiously as possible, preferably within a period of four (04) months from the date of receipt of a copy of this order. 15. With the above directions, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated 23.01.2026. RPD. 8 (SRS,J W.P.(AT)No.26 of 2022) 166 HON’BLE SRI JUSTICE SUBBA REDDY SATTI (DISPOSED OF) WRIT PETITION (AT).No.26 OF 2022 Dated :23.01.2026 RPD.