APHC010617172022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.36898 of 2022 Between: 1. KASAMNENI JWALITH, S/O. K.RAJENDRA PRASAD, JUNIOR ACCOUNTANT, 0/O. DISTRICT TREASURY OFFICER, GUNTUR, AGED 38 YEARS, R/O. D.NO. 95-31-1812, FLAT NO. 402, NALLAPATI RESIDENCY, I.G.P BANGLOW BACK SIDE, NAGARAMPALEM, GUNTUR, 522004 (STANDS RELIEVED AND SURRENDERED TO DISTRICT COLLECTOR, GUNTUR. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY THE PRINCIPAL SECRETARY, G.A.D SERVICES, AP SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. SPECIAL CHIEF SECRETARY FINANCE, SECRETARIATE BUILDINGS, VELAGAPUDI, AMARAVATHI. 3. DIRECTOR OF TREASURY AND ACCOUNTS, A.P., IBRAHIMPATNARN, KRISHNA DISTRICT. 4. DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR 5. THE DISTRICT TREASURY OFFICER, GUNTUR, D.T.O OFFICE, DISTRICT COLLECTORATE CAMPUS, GUNTUR, A.P ...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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus under Article 226 of Constitution of India by declaring the impugned order dt.03-11-2022 in R.C. No. 1139/2019/A3 issued by the 5th respondent by surrendering my services to the District Collector, 4th respondent, by holding that my appointment in Government service as Junior Accountant in the Treasury department is not proper on the ground that I am the dependent of deceased employee working in local bodies on the basis 2 of Circular Memo dt 04-12-2013 , more particularly after I rendered nearly 10 years service as Junior Accountant in. D.T.O office, Guntur, and not granting me annual increments in that cadre all these years , consequently refusing to regularize my service as Junior Accountant in Treasury Department in Guntur, as wholly illegal, arbitrary, unconscionable, and without jurisdiction in the interest of justice and consequently direct the respondents to regularize my service as junior Accountant in District Treasury Office from the date of my joining of service dt 12-8-2013 with all service benefits in the interest of justice. Counsel for the Petitioner: 1. PEDDADA VIMALA DESAI Counsel for the Respondent(S): 1. PULIKANTI SREENIVAS RAO 2. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.36898 of 2022 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "….to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus under Article 226 of Constitution of India by declaring the impugned order dt.03.11.2022 in R.C.No.1139/2019/A3 issued by the 5th respondent by surrendering my services to the District Collector, 4th respondent, by holding that my appointment in Government service as Junior Accountant in the Treasury Department is not proper on the ground that I am the dependent of deceased employee working in local bodies on the basis of Circular Memo dt.04.12.2013, more particularly after I rendered nearly 10 years service as Junior Accountant in D.T.O. Office, Guntur, and not granting me annual increments in that cadre all these years, consequently refusing to regularize my service as Junior Accountant in Treasury Department in Guntur, as wholly illegal, arbitrary, unconscionable, and without jurisdiction in the interest of justice and consequently direct the respondents to regularize my service as Junior Accountant in District Treasury Office from the date of my joining of service dt.12.08.2013 with all service 4 benefits in the interest of justice and to grant any such other or further reliefs……" 2. The writ petitioner was given appointment on compassionate grounds due to death of his father in harness, who worked in Zilla Parishad High School and the petitioner was allotted to the office of the Deputy Director, District Treasury Office. The Deputy Director, District Treasury Office, in turn, appointed the petitioner as Junior Accountant temporarily under Rule 10-A of the A.P.Subordinate Service Rules and posted to the District Treasury Office, Guntur. While the petitioner being posted as Junior Accountant, he possessed requisite qualifications for regular appointment. While so, the petitioner, who becomes eligibility for regularization of his service in the Treasury Department, has filed O.A.No.427 of 2019 before the A.P.Administrative Tribunal (APAT) at Hyderabad, to regularize his services. 3. The case of the petitioner was rejected through the impugned order dated 03.11.2022 asserting that the services of the petitioner in the cadre of Junior Accountant in the Treasury Department could not be regularized and they have relieved the petitioner from the office of the District Treasury and surrendered the service to the Collector and District Magistrate. The appointment of the petitioner should be 5 treated as appointment in local bodies with a request for taking further action by the District Collector. Accordingly, the petitioner was relieved from service on 03.11.2022. Questioning the said impugned order dated 03.11.2022, the present Writ Petition is filed. 4. Learned counsel for the petitioner would submit that the respondents have rejected the case of the petitioner through the impugned order dated 03.11.2022 on the ground that the appointment cannot be treated as Government appointment and the employee appointed only for local bodies was not entitled for regularization, relying on the circular Memo No.35252/Ser-G/A1/2011-1 dated 04.12.2013. The purport of the memo dated 04.12.2013 is that the scheme of the compassionate appointment is only applicable to the dependents of the deceased government employees and the scheme was not applicable to the Municipalities, Municipal Corporations, Local bodies (Panchayat, M.P.P., Z.P.P’s Cooperative Societies, Aided Schools and the like). The said memo was assailed in the O.A.Nos.1793, 3223 of 2017 and the circular memo issued by the government dated 04.12.2013 which was restricted the compassionate appointment to be made only in respect of deceased employees of the government by excluding employees of Local bodies was set aside by order dated 27.06.2018 on the ground that the said memo can be 6 applied prospectively only and it does not only prospective effect, the incumbents who were appointed on compassionate appointment prior to the memo dated 04.12.2013. Further stated that a Writ Petition No.12284 of 2021 came to be filed before this Court seeking regularization who are appointed in the local bodies, which was allowed on 20.07.2022 by a learned Single Judge of this Court agreeing with the order of the A.P.A.T. referred above, by disagreeing with memo dated 04.12.2013. 5. The said order of the learned Single Judge in W.P.No.12284 of 2021 was assailed under Clause-15 of the Letters Patent in Writ Appeal No.466 of 2023 and a Division Bench of this Court has disposed of the Writ Appeal on 06.11.2024 stating that the remedy of the writ petitioner is elsewhere and accordingly the Writ Appeal is disposed of. 6. Aggrieved by the said order in the W.A.No.466 of 2023, the incumbents therein who are seeking appointment on compassionate grounds were challenged before the Apex Court in Civil Appeal No.10679 of 2025 and the Supreme Court has allowed the Civil Appeal vide order dated 18.08.2025, upholding the judgment of the learned Single Judge by setting aside the order in W.A.No.466 of 2023, noting that the memo is not proper and legal. 7 7. Therefore, the petitioner would implore this Court to allow the writ petition pursuant to the order of the Supreme Court, wherein it was held that the memo dated 04.12.2013 was not legal. 8. Respondents 1 to 5, except respondent No.4 have filed their counter and reiterated the facts that the petitioner has been surrendered to the Collector and District Magistrate, Guntur with immediate effect, vide proceedings dated 04.11.2022 and it is not possible to continue in the Treasury Department and to implement the orders. However, the respondents have admitted that as per the interim orders granted, the writ petitioner was taken back to the service subject to the outcome of the orders of the A.P.High Court. 9. Point for consideration: The respondents have not regularized the services of the petitioner basing upon the memo dated 04.12.2013. The purport of the memo dated 04.12.2013 is that the scheme of the compassionate appointment is only applicable to the dependents of the deceased government employees and the scheme was not applicable to the Municipalities, Municipal Corporations, Local bodies (Panchayat, M.P.P., Z.P.P’s Cooperative Societies, Aided Schools and the like). Admittedly, the memo has been set aside by the A.P.A.T. in O.A.Nos.1793, 3223 of 2017, vide order dated 27.06.2018 and the 8 Supreme Court held that the said memo dated 04.12.2013 is not proper and legal. 10. Therefore, in view of the order of the Supreme Court, the petitioner is entitled for the relief of regularization of his services. 11. Therefore, the present Writ Petition is disposed of, directing the respondent authorities to consider the case of the petitioner for regularization of the services of the petitioner, if otherwise eligible and qualified for the post from the date of initial appointment. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 28.07.2026 siva 9 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.36898 of 2022 28.07.2026 ssiivvaa