APHC010006602022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION TRANSFERED FROM APAT NO: 26/2022 Between:

1. C HINTA JAYA LAKSHMI, D/O LATE CH. PITCHAIAH (EX. VILLAGE SERVANT), 35Y, OCC. UN-EMPLOYEE, D.NO. 69-2-6, AMBEDKAR NAGAR, PATAMATA, VIJAYAWADA, KRISHNA DT. A.P.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DT.

2. T HE CHIEF COMMISSIONER OF LAND ADMINISTRATION, ANDHRA PRADESH, VASUDA BHAWAN, GOLLAPUDI, VIJAYAWADA, KRISHNA DT.

3. T HE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM.

4. T HE SUBCOLLECTOR, VIJAYAWADA, KRISHNA DT.

5. T HE TAHSILDAR, VIJAYAWADA URBAN MANDAL, VIJAYAWADA, KRISHNA DT.

...RESPONDENT(S):

pleased to declare the action of the 5th respondent in rejecting the claim of the applicant for compassionate appointment for the post of Village Revenue Assistant in PATAMATA, Vijayawada Urban Mandal, Krishna District vide Proceedings Rc.C/1/2018 dt. 15.03.2018 on the ground that the application has not been submitted by the applicant within time as illegal, arbitrary, against to the principles of Natural Justice, and Violative of Art. 14, 16 and 21 of constitution of India and contrary to the Andhra Pradesh Village Revenue Assistants Service Rules, 2005 and set aside the same and consequently direct the respondents to appoint the applicant for the post of Village Revenue Assistant in PATAMATA, Vijayawada Urban Mandal, Krishna District under compassionate grounds in existing vacancies and pass Counsel for the Petitioner:

1. CHALLAGALI GOPALARAJU Counsel for the Respondent(S):

1. GP FOR SERVICES I The Court made the following order:

This writ petition was filed impugning the proceedings dated 15.03.2018 issued by the 5^th respondent–Tahsildar, Vijayawada Urban Mandal, Vijayawada, Krishna District, vide Rc.C/1/2018, whereby the request of the petitioner for appointment on compassionate grounds as Village Revenue Assistant, Patamata, Vijayawada Urban Mandal, Vijayawada, Krishna District, was rejected.

2. The petitioner initially filed O.A. before the Andhra Pradesh Administrative Tribunal, Hyderabad. Upon abolition of the Tribunal, the said Original Application stood transferred to this Court and was renumbered as W.P.(AT) No.26 of 2022.

3. Heard Sri Challagali Gopalaraju, learned counsel appearing for the petitioner, and the learned Assistant Government Pleader for Services-I appearing for the respondents.

4. The father of the petitioner, namely Sri Ch. Pitchaiah, while working as Village Servant (Village Revenue Assistant), Patamata, Vijayawada Urban Mandal, Vijayawada, Krishna District, died in harness on 20.11.2004, leaving behind his wife, five daughters and one son. Immediately after the death of Sri Ch. Pitchaiah, his son Sri Ch. Lakshmanarao submitted an application seeking appointment on compassionate grounds.

5. While so, the Government issued G.O.Ms.No.15, Revenue (VO)

Department, dated 15.01.2002, rescinding the A.P. (AT) Village Officers Service Rules and A.P. (AA) Village Officers Service Rules, consequent upon the transfer of services of Village Servants to the Panchayat Raj Department. Though orders were issued placing the Village Servants under the administrative control of the Mandal Revenue Officers, the service rules governing Village Servants were not restored. Consequently, there was no provision for the appointment of the dependents of Village Servants on compassionate grounds. In that regard, a reference (CCLA No.A3/1995/2002, dated 17.09.2004) was addressed to the Secretary to the Government, Revenue (VO) Department, Government of Andhra Pradesh, Hyderabad. Thereafter, the Mandal Revenue Officer, Vijayawada Urban Mandal, issued an endorsement to Sri Ch. Lakshmanarao, directing him to await further orders from the Government.

6. Be that as it ma