2026 Supreme(Online)(AP) 31967
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Balaji Medamalli, J
Ch Pavan Kumar – Appellant
Versus
State of AP – Respondent
WRIT PETITION NO: 16721 OF 2024
For the Appellants/Petitioners: T S N Sudhakar
For the Respondents: GP FOR SERVICES I, K.KRISHNABUSHAN CHOWDARY
The court directed the respondent authority to consider and decide upon a pending representation for compassionate appointment to a contract labour post in accordance with the law within three months.
Headnote:(A) Compassionate Appointment - Contract Labour - Direction to decide - When a representation for appointment on compassionate grounds is forwarded by the concerned authority and remains pending, the court may direct the respondent authority to take a decision on the proposal in accordance with law within a stipulated timeframe. (Para 6)
Issues: Whether the 2nd respondent should be directed to consider and pass orders on the recommendations for the appointment of the petitioner as contract labour under the skilled category on compassionate grounds.
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 a Writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the 2nd respondent not considering and pass orders on the recommendations forwarded by the 3 respondent vide Letter No. CE/O and M/Dr. NTTPS/FM/E and F/D.No. 20/22 dated 13.01.2023 for appointment to the post of Contractor Labour under Skilled category by taking into account of his qualification of Diploma in Electrical and Electronics Engineer as highly illegal, arbitrary, unjust, improper, discrimination and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider for appointment to the post of Contractor Labour under Skilled category with all consequential benefits and to pass
ORDER
The writ petition is filed seeking the following relief:
“… to issue a Writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the 2nd respondent not considering and pass orders on the recommendations forwarded by the 3 respondent vide Letter No. CE/O and M/Dr. NTTPS/FM/E and F/D.No. 20/22 dated 13.01.2023 for appointment to the post of Contractor Labour under Skilled category by taking into account of his qualification of Diploma in Electrical and Electronics Engineer as highly illegal, arbitrary, unjust, improper, discrimination and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider for appointment to the post of Contractor Labour under Skilled category with all consequential benefits …”
Heard Sri TSN Sudhakar, learned counsel for the petitioner, Sri K.Varun Shyam Kumar, learned Assistant Government Pleader for Services I and Sri Purna Chandra Shaik, learned counsel representing Sri Krishna Bhushan Chowdary, learned Standing Counsel appearing for respondents.
The case of the petitioner is that father of the petitioner while working as Contract Labour (Semi Skilled) was expired on 03.09.2022. Thereby, the petitioner made representation dated 04.01.2023 to the 3rd respondent seeking to consider his case for appointment to the post of contract labour (skilled) under compassionate grounds. The said representation was forwarded to the 2nd respondent by the 3rd respondent on 13.01.2023 and the same is pending.
Learned counsel for the petitioner submits that it would suffice if a direction is given to the 2nd respondent to consider and pass appropriate orders on the recommendations dated 13.01.2023.
Considering the submissions made by the learned counsel for the petitioner, and without expressing any opinion on the merits regarding entitlement of the petitioner, this writ petition is disposed of directing the 2nd respondent to take decision on the proposal forwarded by the 3rd respondent in accordance with law within a period of three months from the date of receipt of a copy of this order.
Accordingly, writ petition is disposed of.
As a sequel, miscellaneous applications, pending, if any, shall stand closed.