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2026 DAILYLAW 7075 (AP)

E VENKATA RAMANA v. The State of Andhra Pradesh

WP/9750/2023 · 2026-07-28

Balaji Medamalli

body2026

Judgment text

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Date of reserved for orders :15.07.2026 Date of pronouncement :29.07.2026 Date of uploading :03.08.2026 APHC010190132023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 29th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 9750 OF 2023 Between: 1. E VENKATA RAMANA, S/o Late Chenchaiah, aged 47 years, Occ. Un- employee, R/o Indiranagar, Velugodu Village and Post, Nandyal District ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Water Resources Department Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, rep. by its Spl Chief Secretary, Finance (HR.IV-FRandLR) Department, Secretariat, Velagapudi, Guntur District. 3. The EngineerinChief Admn, State of A.P. Water Resources Department 2nd Floor, Jalasoudha Building, Irrigation Compound, Governorpet, Vijayawada. 4. The Superintending Engineer, Water Resources Department, Telugu Ganga Project Circle, Nandyal district, at Nandyal. ...Respondents Counsel for the Petitioner: M R TAGORE Counsel for the Respondents: GP FOR FINANCE PLANNING 2 Counsel for the Respondents:GP FOR IRRIGATION COMM AREA DEV The Court made the following order: 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 9750 of 2023 ORDER: This writ petition is filed seeking to declare the action of the respondents in rejecting the petitioner’s claim for compassionate appointment vide impugned Lr.No./SE/TGP/NDL/A3/112M, dated 14.02.2023 as illegal and arbitrary. 2. The case of the petitioner, in brief, is that the petitioner’s father was appointed as a Watchman on NMR basis on 01.11.1988 and had completed five years of continuous service and, therefore, became eligible for regularization in terms of G.O.Ms.No.212, Finance & Planning Department, dated 22.04.1994. Accordingly, pursuant to the application submitted by the petitioner’s father, proposals were forwarded by the competent authorities in the year 2007 for regularization of his services along with other similarly situated NMR workers. While the said proposals were pending consideration, the petitioner’s father unfortunately died on 08.11.2008. It is further stated that, subsequently, all other eligible NMR workers, whose names were included in the proposals sent in the year 2007 in respect of Nandyal Circle, were considered and their services were duly regularized. 3. Subsequently, after the death of the father of the petitioner, petitioner submitted an application seeking appointment on compassionate grounds, stating that his father was eligible for regularization but unfortunately died 4 before effecting regularization. Petitioner further stated that he had passed 10th Class and belongs to the Scheduled Caste category, and is thus eligible for consideration for appointment on compassionate grounds. 4. Thereafter, as the respondent authorities have not considered the claim of the petitioner, he approached the Andhra Pradesh Administrative Tribunal by filing O.A. No. 11787 of 2009, seeking a direction to appoint the petitioner on compassionate grounds, as per the guidelines issued in G.O.Ms.No.118, dated 18.08.1999. The said O.A., was disposed of, along with O.A. No. 396 of 2010, by a common order dated 01.02.2010, wherein the relevant portion reads as follows: “9. Thus, the issue of regularization of the fathers of the applicants was under consideration. As per the provisions of the aforesaid GO, the applicants are entitled for appointment on compassionate ground in accordance with the provisions contained in GO.Ms.No.687 dt.3.10.1977. 10. Having regard to the facts and circumstances obtaining in these OAs, the impugned orders passed in OA. 11787/2009 are set aside and the respondents in both OAs, are directed to consider the cases of the applicants for appointment on compassionate grounds and pass appropriate orders as there are vacancies in the Last Grade Service as informed by the District Collector, Kurnool, within a period of eight weeks from the date of receipt of a copy of this order.” 5. The Tribunal, after setting aside the impugned memo therein, directed the respondents to consider the case of the applicant for appointment on compassionate grounds. However, as the said order was not implemented, petitioner continued to approach the respondent authorities from time to time. Ultimately, respondents issued the impugned proceedings dated 14.02.2023, 5 rejecting the claim of the petitioner on the ground that, as per the checklist, the educational qualification of the petitioner’s father was shown as 8th Class; however, upon verification from Z.P. High School, Revanur, the said certificate was found to be not genuine. On that basis, it was concluded that the petitioner’s father was not eligible for regularization, and consequently, petitioner was not entitled for appointment on compassionate grounds. 6. Aggrieved by the same, the present writ petition is filed. 7. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 8. Upon perusal of the material placed on record, it is evident that in the list of candidates prepared for regularization, the name of the petitioner’s father was shown at Sl. No.28. In the said list, his educational qualification, as reflected in Column No.7, recorded as 5th Class. His date of birth was noted as 01.07.1959, and he was appointed as an NMR Watchman on 01.11.1988. The objection raised by the respondents in the impugned proceedings seems to be based on Ex.P7 - the transfer certificate stated to have been issued by the Headmaster, ZP High School, Revanur, wherein the education qualification was shown as 8th class. However, It is not the case of the respondents that the petitioner's father had submitted a false document, as his claim, as per the initial proposals, which were sent in the year 2007, clearly indicate that his educational qualification was 5th class only. In such circumstances, the said Transfer Certificate, stated to have been produced subsequently for the purpose of considering the petitioner’s claim for 6 compassionate appointment, cannot be made basis to determine the eligibility of petitioner’s father for regularization. Therefore, the objection taken by the respondents in the impugned proceedings is unsustainable. 9. It is not even the case of the respondents that the petitioner is not qualified or that his educational qualifications are not genuine. The sole contention of the respondents pertains to the Transfer Certificate of petitioner’s father, stated to have been submitted at the time of submission of petitioner’s application for compassionate appointment, which, upon verification, was found to be not genuine. It is an admitted position that, petitioner's father himself had declared his qualification as 5th class, and his case was proposed for regularization on that basis under G.O.Ms.No.212, dated, 22.04.1994, along with other similarly situated candidates whose proposals were accepted and whose services were regularized. In such circumstances, denying compassionate appointment to the petitioner on the ground that the petitioner's father was not eligible for regularization is wholly untenable. The said ground is non-existent, as his declaration of educational qualification in the year 2007 was only fifth class. 10. In view of the foregoing reasons, the impugned proceedings dated 14.02.2023 is liable to be aside. 11. Accordingly, the writ petition is allowed. Consequently, the impugned proceedings in Lr.No./SE/TGP/NDL/A3/112M, dated 14.02.2023 is set aside, and the respondents are directed to consider the case of the petitioner for 7 compassionate appointment and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. As a sequel, miscellaneous applications, pending, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 29.07.2026 Dvs Whether the order is: Speaking ☑ Reasoned ☑ Reportable Non-reportable ☑ 8 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 9750/2023 Dt:29.07.2026 Dvs