APHC010550982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3575]

(Special Original Jurisdiction)

MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX WRIT APPEAL NO: 1109/2025 Between:

1. P VENKATESH, S/O LATE P. NANDAGOPAL, AGED ABOUT 38 YEARS, R/O D.NO.58, RANGAIAH LAYOUT, 17TH CROSS ROAD ,BSK 3RD STAGE BANGALORE.

...APPELLANT AND

1. T HE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT

2. T HE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH HEAD QUARTERS , MANGALAGIRI TOWN AND MANDAL GUNTUR DISTRICT

3. T HE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR DISTRICT ...RESPONDENT(S):

CORAM:- THE HONOURABLE MRS. JUSTICE LISA GILL THE HONOURABLE Mr. JUSTICE NINALA JAYASURYA Present:- Ms.Ch. Vedavani, Advocate for petitioner.

Mr. G.Raju, Government Pleader for respondents.

***

LISA GILL,J.

Prayer in this appeal is for setting aside the order dated 25.04.2025 passed by learned Single Bench in W.P No.25306 of 2021, whereby claim of the present appellant/writ petitioner for appointment on compassionate basis has been dismissed.

2. Appellant/writ petitioner pleaded in W.P No.25306 of 2021 that his father serving as Head Constable at East Tirupati, Chittoor District, died on 09.10.2007 due to ill-health while in service. Appellant’s father was first married to one Desaiah Nallagukkala Rohini Kumari and had children from the said marriage. After death of Rohini Kumari on 20.08.1981, appellant’s father married P.Santha i.e., mother of the appellant. Appellant’s mother filed a representation before respondent authorities for sanction of family pension benefits and a job on compassionate basis being provided to appellant. At the same time a dispute arose between appellant’s mother and children from the first wife of his father in respect to pensionary benefits. The dispute was settled between the family members and thereupon, respondent officials were approached for pension and appointment on compassionate grounds. When necessary action was not taken by officials, O.A No.6482 of 2014 was filed by appellant and his mother. O.A No.6482 of 2014 was partly-allowed by learned Andhra Pradesh Administrative Tribunal, Hyderabad vide order dated 14.09.2017. Competent authority was directed to release family pension to mother of the appellant and Original Application was dismissed in respect to other prayers including the one for appointment on compassionate basis subject to decision of O.S No.686 of 2014 pending before learned Senior Civil Judge, Tirupati.O.S No.686 of 2014 filed by present appellant, his mother and others seeking a declaration to the effect that they are legal heirs and representatives of P.Nandagopal and thus, entitled to retiral benefits, etc, was dismissed as not pressed, in view of settlement arrived at between the parties. It is further pleaded in the writ petition that various representations had been submitted by his mother for appointment on compassionate basis. Appellant/writ petitioner also submitted representations and reference is specifically made to representation dated 11.03.2019 seeking appointment on compassionate basis. Representation submitted by appellant/writ petitioner was dismissed vide endorsement dated 03.03.2020, with the observation that application for appointment on compassionate basis can be entertained only within a period of one year from the date of occurrence/death of the Government servant in terms of Government Circular Memorandum dated 12.08.2003. Another representation was submitted by appellant/writ petitioner on 12.03.2020. When the same was not considered, W.P No.25306 of 2021 was filed.

3. Learned Single Bench while considering the facts and circumstances, observed that the same relief had earlier been rejected by learned Tribunal in the earlier round of litigation which has attained finality, therefore, no ground was made out for issuance of any writ in favour of the present appellant.

4. Aggrieved of dismissal of his