Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 19132 (AP)

S SAKUNTHALA v. THE STATE OF ANDHRA PRADESH

WP/7758/2026 · 2026-03-23

Maheswara Rao Kuncheam

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010140812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 7758 OF 2026 Between: 1. S.Sakunthala, W/o. S. Balakrishna, aged about 35 years, R/o. 16-21/A, Dalithavada, Puttur, Puttur Mandal, Tirupati District, Andhra Pradesh - 517583 ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to Govt. Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District-522238 2. The District Collector, Tirupati District, Tirupati, A.P-517503 3. The Joint Collector, Tirupati District, Tirupati, A.P-517503 4. The Revenue Divisional Officer, Tirupati Revenue Division, Tirupati District, A.P-517501 5. The Thasildhar, Puttur Mandal, Tirupati District, A.P-517583 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly in the nature of a mandamus declaring the inaction of the 2 Respondents, more particularly the Respondent No.5, in appointing the petitioner as 'Village Revenue Assistant'(VRA) in the office of Respondent No.5 on compassionate grounds in place of her deceased father Late P. Venkatesulu by considering the Petitioner's representations dated 16.06.2023, 21.02.2024 and 20.01.2025 despite the petitioner being eligible as wholly arbitrary, illegal, contrary to G.O.Ms.No.612 dated 30.10.1991 besides being violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to appoint the petitioner as 'Village Revenue Assistant'(VRA) in the office of Respondent No.5 on compassionate grounds by considering the Petitioner's representations dated 16.06.2023, 21.02.2024 and 20.01.2025 and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 to provide appointment to the petitioner as 8Village Revenue Assistant9(VRA) in the office of Respondent No.5 on compassionate grounds by considering the Petitioner9s representations dated 16.06.2023, 21.02.2024 and 20.01.2025, pending disposal of the above writ petition and pass Counsel for the Petitioner: KANDERI CHETHAN Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: 3 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM W.P.No.7758 OF 2026 ORDER: The instant writ petition has been filed under Article 226 of Constitution of India, seeking the following main relief: <to issue an appropriate Writ, Order or Direction, more particularly in the nature of a mandamus declaring the inaction of the Respondents, more particularly the Respondent No.5, in appointing the petitioner as 'Village Revenue Assistant'(VRA) in the office of Respondent No.5 on compassionate grounds in place of her deceased father Late P. Venkatesulu by considering the Petitioner's representations dated 16.06.2023, 21.02.2024 and 20.01.2025 despite the petitioner being eligible as wholly arbitrary, illegal, contrary to G.O.Ms.No.612 dated 30.10.1991 besides being violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to appoint the petitioner as 'Village Revenue Assistant'(VRA) in the office of Respondent No.5 on compassionate grounds by considering the Petitioner's representations dated 16.06.2023, 21.02.2024 and 20.01.2025 and pass such….= 2. Heard Sri Kanderi Chethan, learned counsel for the petitioner and the learned Government Pleader for Services – I. 3. Learned counsel for the petitioner submits that initially, the petitioner9s father namely P.Venkatesulu, was appointed as Village Revenue Assistant (VRA) in Puttur village and Mandal of erstwhile Chittoor district on 04.04.1998. Thereafter he discharged his duties 4 without any stigma and the petitioner9s father died on 19.03.2023 while he was in government service. The petitioner herein, who is the married daughter of the said P.Venkatesulu, preferred a representation to the 5th respondent seeking compassionate appointment as she possessing all pre-requisite educational qualifications in terms of A.P.Village Revenue Assistant Service Rules, 2005, which came into force on 01.01.2002, inspite of the same her representations have not been disposed of. 4. Further, the learned counsel for the petitioner also contends that the mother of the petitioner (wife of deceased employee), also preferred representations dated 21.02.2024 and 20.01.2025 to the 5th respondent ventilating her grievance and seeking compassionate appointment in favour of the petitioner9s daughter, namely S.Sakunthala. But, no action has been taken on her representations. Counsel for the petitioner apprehends the respondent authorities may reject the candidature of the petitioner on the ground of gender bias. 5. Conversely, the learned Government Pleader fairly submits that the representations preferred by the petitioner9s mother are pending consideration and they are under process. He also states that if the reasonable time is accorded, the same will be processed in accordance with law. 5 6. By taking into consideration the above submissions including the fact that the petitioner9s father P.Venkatesulu, while working as Village Revenue Assistant (VRA) died on 19.03.2023 and the petitioner herein is the married daughter, who is equally entitled on par with the son for consideration of compassionate appointment. 7. In this context, it is apt to note the well-settled legal principle in Smt.H.Sita Ratnam v. State of Andhra Pradesh 1 (Writ Petition No. 35249 of 2014, dated: 19.03.2021) of this Court stated the essence and objective of Compassionate Appointment and held its importance. The relevant para is held as follows: “...20) The object of compassionate appointment is a social security measure to support the family of the deceased government servant, who dies in harness. The aim and object of the policy for compassionate appointment is to provide financial support to the family of the deceased employee, who left the dependents in distress and penury. The core aim of the object of providing compassionate appointment is to relief the family from financial sufferings being faced for the sudden demise of the Bread Winner of the family. The sufferings being faced by the dependents of the deceased employee for sudden demise of the Bread Winner could be solved for some extent by providing compassionate appointment to the one of the dependents of the deceased employee to look after the family. While the State Government and its instrumentalities implementing the scheme of compassionate appointments to help the destitute families of the deceased employees, but incorporating such clause in eligibility criteria is appears to be illegal and unjust.= 1 2021 SCC Online AP 611 6 8. Further, the above said principle was reiterated recently by this court in Smt. Peddisetti Anitha Sree AT Yenepalli Anitha Sree v. The State of Andhra Pradesh(Writ Petition No. 28931 of 2021, dated: 20.01.2022) 9. It is pertinent to note that, women9s eligibility for compassionate appointment has always been consistently recognized by courts as an essential facet of equality, social justice, and non-discrimination in public employment. Compassionate appointment is a welfare measure intended to provide immediate financial relief to the family of a deceased government employee who dies in harness, thereby preventing destitution. Initially, many rules and administrative practices either expressly or impliedly preferred male dependents, often excluding married daughters or widows on the assumption that they were financially supported by their men in their family. However, in view of pragmatic judicial dictums by interpreting Articles 14, 15, and 16 of the Constitution of India, have declared such gender-based exclusions as arbitrary and unconstitutional. 10. A woman, whether a widow, unmarried daughter, or even a married daughter, can be completely considered eligible if she was dependent on the deceased employee and fulfils the prescribed conditions. The denial of compassionate appointment solely on the ground of gender bias has been struck down as discriminatory and the inclusion of women in 7 compassionate appointment schemes is therefore not merely a matter of policy of the concerned recruitment authorities but a constitutional mandate to ensure substantive equality. Infact, a socio-economic perspective, as women in many households are primary or co- breadwinners, and exclusion of them would defeat the very object and intendment of compassionate appointment. 11. The recognition of women9s entitlement to compassionate appointment marks a significant step toward dismantling patriarchal norms within public employment and extending compassionate appointment to women challenges this notion by acknowledging their equal role as economic contributors and, in many cases, as primary dependents of the deceased employee. It affirms that a woman9s identity and financial capability should not be submerged by marriage or gender stereotypes. This platform of shift not only ensures immediate financial relief to bereaved families but also promotes substantive equality by breaking barriers that conventional limited women9s access to employment opportunities. In effect, it transforms compassionate appointment from a narrow relief mechanism into a progressive object of social justice, by reiterating constitutional ethos and also contributing to the equality in all the spheres in our society at large. 12. In the light of above facts and circumstances, the 5th respondent is hereby directed to consider the candidature of the petitioner and dispose 8 of the representations dated 21.02.2024 and 20.01.2025 preferred by the mother of the petitioner, as early as possible by duly providing principles of natural justice and also keeping in view of above settled legal principles in respect of gender equality, preferably within a period of three months from the date of receipt of a copy of this order, in accordance with law. 13. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date:24.03.2026 Rns 9 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.7758 of 2026 Date:24.03.2026 Rns