APHC010103232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 5557/2025 Between:

Yalaganda Karunanidhi ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. K SRINIVAS Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES The Court made the following order:

Non consideration of the petitioner’s representation dated 19.12.2024 for appointing him as Fair Price shop dealer on compassionate grounds, is the grievance of the petitioner in the present writ petition.

2. Heard Sri K.Srinivas, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies.

3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, originally the petitioner’s father was appointed as fair price shop dealer for the Shop No.0116003 situated in Hiramandalam village and mandal, Srikakulam district and he died on 09.04.2019. He further submitted that, after his demise, the 2^nd respondent (sub-Collector) has appointed the petitioner’s mother (wife of deceased) as fair price shop dealer under SHG (self help group), since then she was operating the subject fair price shop. He further submitted that, the petitioner has made a representation dated 19.12.2024 seeking change of authorization in his name from his mother’s name on compassionate grounds, as a legal heir but so far, the respondent authorities have not considered his request. He further submitted that the petitioner is entitled for the appointment under compassionate grounds as per G.O.Ms.No.04 Consumer Affairs, Food & Civil Supplies (CS-I) Department dated 28.02.2014 as is he the legal heir of the deceased fair price shop dealer (petitioner’s father). In support of his contentions the learned counsel for the petitioner relied on the judgment of the Co-ordinate bench of this High court in W.P.No.26108 of 2024 and accordingly prayed to pass appropriate orders in that regard.

4. On the other hand, learned Assistant Government Pleader submitted that, the application for appointment on compassionate grounds shall be made within a reasonable period to meet the financial crisis and it cannot be claimed or offered after a significant lapse of time. He further submitted that, in the present case, the deceased fair price shop dealer died on 09.04.2019 and the petitioner had made the representation on 19.12.2024 seeking appointment on compassionate grounds after a lapse of 5 years. As such the writ petition is devoid of merits and liable to be dismissed and accordingly prayed to dismiss the writ petition.

5. Perused the record and considered the submissions of both the learned counsel.

6. A perusal of the record would indicate that the respondent authorities have not taken any steps on the petitioner’s representation dated 19.12.2024 for appointment of fair price shop dealer on compassionate grounds. It is well settled that an application for compassionate appointment has to be made immediately upon death/incapacitation and in any case within a reasonable period thereof or else a presumption could be drawn that the family of deceased/incapacitated employee is not in immediate need of financial assistance. Such appointment not being a vested right, the right to apply cannot be exercised at any time in future and it cannot be offered whatever the lapse to time and after the crisis is over. On the very ground itself, the petitioner application can be rejected. In the present case, as rightly contended by the learned Assistant Government Pleader for Civil Supplies, the petitioner’s father (deceased fair price shop dealer) died on 09.04.2019 and the petitioner had made the representation on 19.12.2024 after lapse of 5 years. Therefore, at this length of time, directing the authorities to consider the petit