APHC010263752020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3529]

(Special Original Jurisdiction)

MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17385/2020 Between:

1. M D. SALEEM, , S/O LATE MD. USMAN, AGED 50 YEARS, MUSLIM, UNEMPLOYEE, R/O HOUSE NO.I-29, ADCICPALLI VILLAGE, UHATTIPROLU POST 81, MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.

...PETITIONER AND

1. H IGH COURT OF ANDHRA PRADESH, , REP. BY ITS REGISTRAR (ADMINISTRATION), HIGH COURT OF ANDHRA PRADESH, NELAPADU, GUNTUR DISTRICT.

2. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT (SERVICES-G), A. P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

3. T HE PRINCIPAL DISTRICT JUDGE, , DISTRICT COURT COMPLEX, GUNTUR.

...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 respondents in not reconsidering the case of the petitioner for appointment under the Scheme of Medically Invalidation in pursuance to the Judgment of the Hon'ble Supreme Court in Civil Appeal No.4210 of 2003 and Civil Appeal No.4993 of 2008 dated 12.08.2008 as highly illegal, arbitrary, improper, unjust, contrary to Service Rules and in violation of principles of natural Justice guaranteed under Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for appointment under the Scheme of Medically Invalidation of his father in any suitable post and to pass IA NO: 1 OF 2020 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 pleased to direct the respondents to reconsider the case of the petitioner for appointment under the Scheme of Medically Invalidation in any suitable post by disposing of the representation dated 07.10.2018 pending disposal of the Writ Petition and pass IA NO: 2 OF 2020 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 please to grant urgent permission to file W.P.No. of 2020 and to pass Counsel for the Petitioner: 1. SRINIVASA RAO NARRA Counsel for the Respondent(S):

1. N ASHWANI KUMAR

2. GP FOR GENERAL ADMINISTRATION Date of Reserved : 05.02.2026 Date of Pronouncement : 09.02.2026 Date of Upload : 09.02.2026 The Court made the following Order:

The father of the petitioner was working as a Lower Division Clerk, in the office of the Principal Junior Civil Judge, Repalle. He was due to retire from service, on 30.04.2006, upon attaining the age of superannuation. However, the father of the petitioner sought permission to retire from service on the ground of medical invalidation as he was suffering from „Osteo arthritis with hypertension‟. The father of the petitioner submitted his application, on 27.09.1999 for such retirement along with a request for appointment of his son, who is the petitioner in the present Writ Petition, on compassionate grounds. The Government, at that point of time, was operating a scheme of compassionate appointments contained in G.O.Ms.No.504, dated 30.07.1980, G.O.Ms.No.309, dated 04.07.1985 and G.O.Ms.No.214, dated 09.06.1998.

2. The case of, the father of the petitioner, was referred by the District Judge, Guntur, to a medical board for certification of the medical invalidity of the father of the petitioner. The medical board after examination had issued a certificate of medical invalidation, on the basis of which proposals was sent to the Hon‟ble High Court, on 23.02.2000. A second examination was directed under which another medical board examined the father of the p