DR,J W.P.No.10936 of 2025 APHC010210992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 10936/2025 Between: 1. KONDAKAMRLA INTHIYAZ,, W/O. NAJURULLA, AGED ABOUT 36 YEARS, OCC . DAILY WAGE EMPLOYEE, R/O. 13-18, RAMIREDDYPALLI VILLAGE, JAGGANNAPETA MANDAL, SRI SATYA SAI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI. GUNTUR DISTRICT. 2. THE ENGINEER IN CHIEF ADMIN, R AND B DEPARTMENT MG ROAD, VIJAYAWADA, NTR DISTRICT 3. THE SUPERINTENDENT ENGINEER, R AND B CIRCLE, ANANTHAPUR 4. THE EXECUTIVE ENGINEER, (R AND B) NH DIVISION, ANANTAPUR ...RESPONDENT(S): 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 topleased to issue an appropriate Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the 1st respondent in issuing Memo No. 2261444RDBSOENC(RELX)/6/2023- SER-RB dated 28.05.2024 (served on 21.04.2025) rejecting the petitioners DR,J W.P.No.10936 of 2025 claim for compassionate appointment in the place of her deceased father Kondakamarla Hydervali and not providing employment to the petitioner under compassionate grounds in place of her deceased father as bad, illegal, arbitrary. abuse of power, violative of principles of natural justice and violative of Article 14, 16 and 21 of Constitution of India and consequently set aside the same by directing the respondents to forthwith grant appointment to the petitioner in the place of her deceased father on compassionate grounds from the date of her eligibility and to grant appointment in appropriate post as per her qualifications with all service and monitory benefits and pass Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR SERVICES I DR,J W.P.No.10936 of 2025 The Court made the following ORDER: The writ petition is filed declaring the action of the respondents in not providing the employment to the petitioner under compassionate grounds in place of her deceased father by rejecting her claim as per the endorsement dated 28.05.2024 on the ground that petitioner is a married daughter is illegal. 2. The case of the petitioner is that the petitioner is the daughter of Sri K.Hydervali, who died on 06.02.2023, while he was working as Gang Mazdoor at Anantapur in the Roads and Building Department. It is submitted that petitioner along with her mother being the legal heirs submitted that there are no earning members in the family. Hence, the petitioner had made a representation along with all the relevant documents i.e., death certificate of her father, no property certificate, no earning member certificate, family members certificate, no objection affidavit of her mother etc., to the respondents requesting to provide compassionate appointment. It is further averred that the 1st respondent, without considering the said representation/application on proper perspective, has rejected the representation/application of the petitioner vide impugned endorsement dated 28.05.2024 stating that the petitioner is a married daughter and is not entitled for appointment on compassionate grounds as per the memo No.406/10/A1/Admn.I/2004, dated 20.03.2004 issued by the Government, which is totally improper and contrary to the various orders passed by this Court. DR,J W.P.No.10936 of 2025 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 4. Learned Assistant Government Pleader submits that the application submitted by the petitioner has been rejected vide endorsement dated 28.05.2024 on the ground that the memo dated 20.03.2004 issued by the Government would not apply to the petitioner. As per the memo dated 20.03.2004, it is stated that “once marriage is performed, a daughter is not dependent on her father/ mother even if she is un-employee or her husband is un-employee. A married daughter is dependent on her father/ mother if she is living with her father/ mother when her husband deserts her or disappears for years together or dies in all such cases, the husband should not have left any property/ income to his wife and the married daughter is solely dependent on the support provided by her father/ mother and is a un-employee”. In view of the same, the petitioner is not entitled for compassionate appointment. He further stated that the dependent children of a deceased Government Servant who dies while in service are eligible for compassionate appointment to the eligible post. But in the present case, the petitioner is not the dependent of the deceased Government employee. Hence, she is not entitled for compassionate appointment. 5. In reply to the same, learned counsel for the petitioner submits that the dependent children of the deceased Government servant who dies while in service are eligible for compassionate appointment for suitable post as per G.O.Ms.No.350, GA (SER-A) Dept dated 30.07.1999, Memo DR,J W.P.No.10936 of 2025 No.116147/Ser.A/2003-1, dated 08.10.2003 issued by the Government. Learned counsel for the petitioner further submits that as per G.O.Ms.No.350, General Administration (SER-A) Department dated 30.07.1999, compassionate appointments to the dependent of deceased government employees are subject to the fulfillment of the following conditions:- “a. In para 2 (iii) of the G.O. it has been ordered that where the deceased employee does not have any male child but leaves behind him/her a married daughter and an unmarried minor daughter, the choice of selecting one of the them for appointment under the social security scheme shall be left to the spouse of the deceased. b. In such cases Government hereby clarify when there is only a married daughter to the deceased Government employee without older or younger brothers or sisters and the spouse of the deceased Government employee is not willing to avail the compassionate appointment, such married daughter may be considered for compassionate appointment provided she is dependent on the deceased Government employee and subject to satisfying the other conditions and instructions issued on the scheme from time to time.” 6. On perusal of the impugned orders as well as G.O.Ms.No.350, GA (SER-A) Dept dated 30.07.1999, it clearly shows that the petitioner shall come under clause (a) of the conditions. 7. Apart from that, in identical cases, this Court has considered the issue in W.P.No.10340 of 2014 dated 26.02.2021 and held that the word “Unmarried” is strike down in clause-III of eligibility criteria of “Bread Winner Scheme” of the respondent Corporation holding that it is discriminatory, DR,J W.P.No.10936 of 2025 arbitrary, unjust and violative of Articles 14, 15, 16 and 21 of the Constitution of India; 8. In view of the above observations in the said judgment, the impugned endorsement dated 28.05.2024 issued by the 1st respondent is set aside and the matter is remanded back to the respondents for fresh consideration. The respondents are directed to consider the same afresh and pass appropriate orders within a period of two (02) months from the date of receipt of a copy of this order taking into consideration all the relevant documents submitted by the petitioner. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 22.01.2026 Dvs DR,J W.P.No.10936 of 2025 THE HONOURABLE SRI JUSTICE D.RAMESH 266 WRIT PETITION No.10936 of 2025 Dated: 22.01.2026 Dvs