APHC010784942016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 2843 OF 2016 Between:

1. Tenali Sowmya, D/o.late Babu Rao, Aged about 30 years, Occ: Outsourcing Employee, R/o.D.No.5-4-45, Imallavari Street, Ithanagar, Tenali, Guntur District.

...Petitioner AND

1. State of Andhra Pradesh, Rep.by its Principal Secretary - Housing Dept, Secretariat, Hyderabad.

2. Andhra Pradesh State Housing Corporation Ltd, Rep.by its Managing Director, Urdu Galli, Himayathnagar, Hyderabad.

...Respondents 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 to issue a Writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the Respondents in not considering the Petitioner's application for appointment in the cadre of Junior Assistant on compassionate basis in the light of GO Ms.No.1, Public Enterprises (PE.III) Department, dated 22.2.2008, though the Petitioner is fully eligible, as illegal and arbitrary IA NO: 1 OF 2016(WPMP 3564 OF 2016 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 to grant interim direction directing the Respondents to immediately consider the Petitioner's application for appointment in the cadre of Junior Assistant on compassionate basis, pending disposal of the above writ petition Counsel for the Petitioner: V CH NAIDU Counsel for the Respondents: E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)

Counsel for the Respondents: MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED)

Counsel for the Respondents:GP FOR HOUSING (AP)

The Court made the following order:

HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.2843 OF 2016

ORDER:

The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer:

“to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in not considering the petitioner’s application for appointment in the cadre of Junior Assistant on compassionate basis in the light of G.O.Ms.No.1, Public Enterprises (PE.III) Department, dated 22.02.2008, though the petitioner is fully eligible, as illegal and arbitrary and to pass…..”

2. Heard Mr.V.Ch.Naidu, learned counsel for the petitioner as well as learned Government Pleader for the respondents 1 and 2 and perused the material available on record.

3. The learned counsel for the petitioner submits that the petitioner is the daughter of the deceased employee. The father of the petitioner died on 23.03.2003. Immediately after the demise of her father, the petitioner made an application to the respondents for appointment on compassionate grounds. In the year 2009, the petitioner was appointed as Work Inspector on outsourcing basis.

The petitioner studied up to 4^th year 2^nd semester in B.Tech. course by the date of death of her father. Though the petitioner, after the demise of her father, is entitled to get permanent appointment on compassionate grounds, for the reasons best known to the respondents, they have not considered the case of the petitioner for permanent appointment and got appointed her as Work Inspector on outsourcing basis. However, one Smt.T.Jagadishwari, W/o.T.Saibaba, whose case was considered and appointed on compassionate basis as Junior Assistant vide G.O.Rt.No.167, dated 04.08.2009. Hence, the petitioner approached this Court by way of the present writ petition to consider her case also on par with Smt.T.Jagadishwari, who was appointed as Junior Assistant.

4. On the other hand, the learned Government Pleader appearing for the respondents submits that the representation