APHC010070152025 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: 3913/2025 Between:

Madyahanapu Satyanarayana ...PETITIONER AND The State Of Andhra Pradesh 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 14.06.2022 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 grandfather was appointed as fair price shop dealer for the Shop No.0507018 situated in Jangareddygudem mandal, West Godavari district and he died on 14.02.2019. He further submitted that, after his demise, the petitioner has made a representation dated 14.06.2022 seeking appointment on compassionate grounds and 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 he is the legal heir of the deceased fair price shop dealer (petitioner’s grandfather). Further, the father of the petitioner died on 10.10.2004 and there is no income to their family. He further submitted that, in the said circumstances, if the petitioner’s appointment on compassionate grounds was denied, the petitioner's family would suffer irreparable loss and hardship and livelihood would be at stake.

As such 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 14.02.2019 and the petitioner had made the representation on 14.06.2022 seeking appointment on compassionate grounds after a lapse of 3 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 14.06.2022 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 of 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 grandfather (deceased fair price shop dealer) died on 14.02.2019 and the petitioner had made the representation on 14.06.2022 and furthermore, the writ petition was filed in the year 2025. Therefore, at this length of time, directing the authorities to consider the petitioner’s representation for appointment under compassionate grounds does not arise. Hence