HIGH COURT OF ANDHRA PRADESH * * * *
WRIT PETITION No. 14734 of 2021 Between:
Gochipatha Kalyani ..... PETITIONER AND The State of Andhra Pradesh, rep.by its Principal Secretary, General Administration (Ser-A), Department, Secretariat Buildings, Amaravathi and 3 others .....RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 08.04.2022 SUBMITTED FOR APPROVAL:
THE HON’BLE SRI JUSTICE RAVI NATH TILHARI
1. Whether Reporters of Local newspapers may Yes/No be allowed to see the Judgments?
2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals
3. Whether Your Lordships wish to see the fair Yes/No copy of the Judgment?
_______________________
RAVI NATH TILHARI,J * THE HON’BLE SRI JUSTICE RAVI NATH TILHARI + WRIT PETITION No. 14734 of 2021 % 08.04.2022 # Gochipatha Kalyani ….Petitioner Versus $ The State of Andhra Pradesh, rep.by its Principal Secretary, General Administration (Ser-A), Department, Secretariat Buildings, Amaravathi and 3 others …..Respondents ! Counsel for the Petitioner: Sri K. Suri Sai Sanjay ^ Counsel for the respondent No.1: GP for Services – I Counsel for respondents Nos.2 to 4: Not Present < Gist :
> Head Note:
? Cases Referred:
1. 2021 SCC Online AP 382
2. WP.No.28931 of 2021 (decided on 20.01.2022)
3. 2016 (1) ADJ 21 (DB)
THE HON’BLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION No. 14734 of 2021
['NAGENDRA BABU PARAGATI', 'GP', 'GP', 'GP']
JUDGMENT
Heard Sri K. Suri Sai Sanjay, learned counsel, representing Sri Nagendra Paragati, learned counsel for the petitioner and perused the material available on record.
2. This writ petition has been filed for the following relief:
<...to issue a writ order or direction more particularly one in the
orders...=
3. Learned AGP for Services – I, representing respondent No.1, submits that respondent No.1 has no concern.
4. Learned GPs for Services – II and III, representing respondents No.2 to 4 are not present.
5. Respondents have not filed any counter affidavit in spite of order
counter within three weeks.=
6. By the impugned order, the petitioner?s application for compassionate appointment, on the death of her father in harness on 24.04.2016 has been rejected on the only ground that the petitioner being his married daughter her request cannot be considered, in view of Government Memo No.406/10/A1/Admn/11/2004, dated 20.03.2004.
7. The petitioner?s late father Sri Gochipatha Ramesh was originally working as Welder Grade-III in the Office of the 4th respondent-the General Superintendent, P.W. Workshop Division, Seethanagaram, Guntur District, died on 24.04.2016 leaving behind his wife and two daughters, i.e., the petitioner and her sister. The petitioner submitted representation on 17.10.2016 before the 4th respondent requesting to provide employment on compassionate ground duly submitting all the requisite documents. The affidavits of the family members, i.e., the mother and sister of the petitioner in petitioner?s favour, No Earning Member certificate, No Property Certificate, Caste certificate and the academic qualification certificates were duly annexed. The 4th respondent forwarded the petitioner?s representation to the 3rd respondent-the Superintending Engineer, Irrigation Circle, Guntur, Guntur District, stating that in view of the Government Memo No.3476/Ser.III.1/2015-2, dated 27.11.2015, the petitioner?s request was to be considered in P.W. Workshop Division, Sithanagaram only, but as at that time there was no suitable post vacant with 10th Class as minimum qualification. As per G.O.Ms.No.427, G.A.(Ser.A) Department, dated 01.07.1991, the Collector of the concerned district was the Nodal authority for allotment of the eligible dependents of one department to any other department for appointment on compassionate grounds. Vide letter in Rc.No.2106/2017/B5, dated 07.08.2017, the 2nd respondent returned the proposal to the 3rd respondent to re-submit with detailed report, in terms of the Government Memo No.406/10/A1/Admn/11/2004, dated 20.03.2004, which was informed to the petitioner by the 4th respondent vide letter dated 16.10.2017 and pursuant thereto, the petitioner submitted reply on 05.12.2017, reiterating that the petitioner was eligible for appointment on compassionate grounds, as married dependant daughter of the deceased. The matter remained pending with the respondents, and consequently, the petitioner filed W.P.No. 6672 of 2021, in which, notice was issued to the respondents and during the pendency of the said writ petition, the 2nd respondent passed the impugned order dated 11.06.2021, rejecting the petitioner?s prayer on the ground that she is not eligible for compassionate appointment being married daughter and her request cannot be considered, as per Government Memo No.406/10/A1/Admn/11/2004, dated 20.03.2004.
8. Learned counsel for the petitioner submits that the married daughter is also eligible for consideration for appointment on compassionate ground on the death of her father under the policy of the Government. He submits that, vide Government Memo No.116417/Ser.A/2003-1, dated 08.10.2003 it was clarified that the compassionate appointment was to be provided to the dependents of deceased Government employees to help the family in distress and accordingly if the deceased government employee was having more than one dependent married daughter and when the spouse of the deceased government employee was not willin