APHC010591222022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 35686/2022 Between: 1. K. NAGARJUNA, S/O K. VENKATA SUBBAIAH, AGED ABOUT 33 YEARS, R/O. D.NO.3701223, PRAGATHI NAGAR COLONY, ONGOLE, PRAKASAM DISTRICT ...PETITIONER AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI 2. THE DIVISIONAL REGIONAL MANAGER, SOUTH CENTRAL RAILWAYS, VIJAYAWADA 3. T LATHA, W/O. T. ASHOK, AGED ABOUT 39 YEARS, R/O. D.NO.5- 87, RAMAKRISHNA PURAM, BESIDE RUBY SCHOOL, CHIRALA, PRAKASAM DISTRICT ...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 to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the 2nd Respondent in not appointing the Petitioner in any suitable job on compassionate grounds as arbitrary, illegal, irregular, violative of Article 14 and 19 of Indian Constitution, unjustified and unsustainable and consequently direct the Respondents to appoint the Petitioner in any suitable job on compassionate 2 grounds duly considering the Petitioner as the son of K. Venkata Subbaiah and K. Venkayamma and pass IA NO: 1 OF 2022 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 2nd Respondent to forthwith consider the Application dated 17-09- 2022 and appoint the Petitioner in any suitable job on compassionate grounds duly considering the Petitioner as the son of K. Venkata Subbaiah and K. Venkayamma and pass IA NO: 1 OF 2023 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 grant leave to the Petitioners/Respondents-1 and 2 herein to file its Counter Affidavit and pass Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. Y V ANIL KUMAR (Central Government Counsel) 2. G R SUDHAKAR 3. K ARUNA(SC FOR RAILWAYS) The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 35686 OF 2022 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the 2nd Respondent in not appointing the Petitioner in any suitable job on compassionate grounds as arbitrary, illegal, irregular, violative of Article 14 and 19 of Indian Constitution, unjustified and unsustainable and consequently direct the Respondents to appoint the Petitioner in any suitable job on compassionate grounds duly considering the Petitioner as the son of K. Venkata Subbaiah and K. Venkayamma and pass…” 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 3. The case of the petitioner is that the petitioner‟s father, late K. Venkata Subbaiah, was working as a Gangman in South Central Railways, Chirala, and died on 24.10.1991. He was survived by his wife, a daughter (3rd respondent), and the petitioner. Subsequently, the petitioner‟s mother, Venkayamma, was appointed as a Housekeeping Assistant on compassionate grounds. The 3rd respondent is married and her husband is employed as a Manager in a private bank. The petitioner‟s mother died in harness on 24.07.2022 due to ill health. The petitioner, who has 54% physical disability and has passed SSC, is dependent on his late mother. He is married to K. Keerthi, who is unemployed, and they have two children. 4 4. The petitioner submitted an application dated 17.09.2022 seeking appointment under the Group-D category on compassionate grounds. However, his application was not considered due to a discrepancy in his SSC certificate, wherein his father‟s name was mentioned as “Chinna Venkateswarlu.” The petitioner submits that the error was inadvertent and steps have been taken to rectify the same with the SSC Board. In all other documents, including Aadhaar Card, Caste Certificate, and Disability Certificate, as well as in the service register, his father‟s name was correctly noted/recorded as K. Venkata Subbaiah. 5. Meanwhile, the respondents hadproposed to consider the 3rd respondent‟s daughter for compassionate appointment, despite her being married and financially independent. Further, the petitioner‟s mother had executed a Will dated 29.04.2022 expressing her intention that the petitioner should receive her service and death benefits. 6. Respondent Nos. 1 and 2 filed a counter-affidavit denying the allegations made by the petitioner and stating that the alleged application dated 17.09.2022 is not available in the official records. It is further stated that, as per the Welfare Inspector‟s report dated 28.09.2022, the petitioner did not seek for appointment on compassionate grounds. Following the demise of Venkayamma, a Welfare Inspector was deputed to enquire, collect, and submit papers for compassionate appointment from eligible family members. In his report, the Welfare Inspector noted that in the petitioner‟s Study Certificate, SSC (APOSS), ITI Certificate, Medical Certificate issued by 5 Government Hospital, Ongole, and Aadhaar Card, the father‟s name is mentioned as “Chinna Venkateswarlu” instead of “K. Venkata Subbaiah.” It was also stated by the petitioner that his certificates were burnt in a fire accident and that he did not apply for compassionate appointment. The Welfare Inspector concluded that, due to variations in the father‟s name, it was not feasible to consider the petitioner‟s case under compassionate appointment scheme (Annexure-R1). There is no provision for providing compassionate appointment to ward without minimum education qualification either for Group „C‟ or Group „D‟ post. Whereas, for appointment for compassionate of widow/wife not having requisite minimum educational qualification he will be placed in the level-1 of 7th CPC without insisting on fulfillment of educational norms. Respondent No.3 filed her counter-affidavit stating that the petitioner who is her brother was adopted by one Sri Chinna Venkateswarlu, who is their maternal grandfather as her mother was unable to bring up both of them, has given her brother in adoption to Sri Chinna Venkateswarlu and he has grown up there. The petitioner is admittedly suffering from physical disability and undergoing treatment regularly and in view of the same he is ineligible to hold any post in the 2nd respondent/Department of Railways. However, only to cause inconvenience and to deprive her legitimate claim of compassionate appointment is trying to obstruct the same for the reasons best known to him. Further, the petitioner has love in view of the demise of the mother and in order to deprive her request for compassionate appointment has created the 6 present document filed along with the writ petition and has suppressed the earlier documents which would show that the petitioner is the son of Chinna Venkateswarlu, but not the son of K.Venkata Subbaiah. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents, this Court is of the considered view that the writ petition can be disposed of directing the petitioner to submit a representation afresh with all the details and along with all the required documents within a period of ten (10) days from the date of receipt of a copy of this order, upon such representation, the 2nd respondent shall be considered the same and pass appropriate orders within a period of two months from the date of receipt of such representation. 6. Accordingly, the writ petition is disposed of. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 19.02.2026 RRM MRR 7 330 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 35686 OF 2022 19.02.2026 RRM MRR