APHC010210992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 10936/2025 Between:

1. K ONDAKAMRLA INTHIYAZ,, W/O. NAJURULLA, AGED ABOUT 36 YEARS, OCC . DAILY WAGE EMPLOYEE, R/O. 13-18, RAMIREDDYPALLI VILLAGE, JAGGANNAPETA MANDAL, SRI SATYA SAI DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI.

GUNTUR DISTRICT.

2. T HE ENGINEER IN CHIEF ADMIN, R AND B DEPARTMENT MG ROAD, VIJAYAWADA, NTR DISTRICT

3. T HE SUPERINTENDENT ENGINEER, R AND B CIRCLE, ANANTHAPUR

4. T HE EXECUTIVE ENGINEER, (R AND B) NH DIVISION, ANANTAPUR ...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 1st respondent in issuing Memo No. 2261444RDBSOENC(RELX)/6/2023- SER-RB dated 28.05.2024 (served on 21.04.2025) rejecting the petitioners claim for compassionate appointment in the place of her deceased father Kondakamarla Hydervali and not providing employment to the petitioner under compassionate grounds in place of her deceased father as bad, illegal, arbitrary. abuse of power, violative of principles of natural justice and violative of Article 14, 16 and 21 of Constitution of India and consequently set aside the same by directing the respondents to forthwith grant appointment to the petitioner in the place of her deceased father on compassionate grounds from the date of her eligibility and to grant appointment in appropriate post as per her qualifications with all service and monitory benefits and pass Counsel for the Petitioner:

1. D V SASIDHAR Counsel for the Respondent(S):

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

The writ petition is filed declaring the action of the respondents in not providing the employment to the petitioner under compassionate grounds in place of her deceased father by rejecting her claim as per the endorsement dated 28.05.2024 on the ground that petitioner is a married daughter is illegal. 2. The case of the petitioner is that the petitioner is the daughter of Sri K.Hydervali, who died on 06.02.2023, while he was working as Gang Mazdoor at Anantapur in the Roads and Building Department. It is submitted that petitioner along with her mother being the legal heirs submitted that there are no earning members in the family. Hence, the petitioner had made a representation along with all the relevant documents i.e., death certificate of her father, no property certificate, no earning member certificate, family members certificate, no objection affidavit of her mother etc., to the respondents requesting to provide compassionate appointment. It is further averred that the 1^st respondent, without considering the said representation/application on proper perspective, has rejected the representation/application of the petitioner vide impugned endorsement dated 28.05.2024 stating that the petitioner is a married daughter and is not entitled for appointment on compassionate grounds as per the memo No.406/10/A1/Admn.I/2004, dated 20.03.2004 issued by the Government, which is totally improper and contrary to the various orders passed by this Court.

3. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents.

4. Learned Assistant Government Pleader submits that the application submitted by the petitioner has been rejected vide endorsement dated 28.05.2024 on the ground that the memo dated 20.03.2004 issued by the Government would not apply to the petitioner. As per the memo dated 20.03.2004, it is stated that “once marriage is performed, a daught