Andhra Pradesh High Court
WP/7126/2024 of Yakasiri Siva Naga Sai Dheeraj, Vs The Government of Andhra Pradesh on 21 September 2026
7126 of 2024 Dated 22.09.2026 APHC010137002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3573] TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 7126 OF 2024 Between: 1. YAKASIRI SIVA NAGA SAI
BM,J
W.P.No. 7126 of 2024
Dated 22.09.2026
APHC010137002024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE 22nd DAY OF SEPTEMBER 2026
PRESENT
Between:
1. YAKASIRI SIVA NAGA SAI DHEERAJ,, S/O LATE Y. VENKATESWARA
RAO, AGED 30 YEARS, BB HEIGHTS, 2ND FLOOR, 47-10-17/3, PULLETIKATTA ROAD. ADJACENT TO CHINNA RICE MILL, GUNADALA CENTRE, VIJAYAWADA - 520004. ANDHRA PRADESH
...PETITIONER
AND
1. THE GOVERNMENT OF ANDHRA PRADESH, REP.,BY ITS PRINCIPAL
SECRETARY, IRRIGATION DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT
2. THE GOVERNMENT OF ANDHRA PRADESH, REP.,BY ITS PRINCIPAL
SECRETARY
FINANCE
(HR.I.PLG.POLICY)
DEPARTMENT
A.P.SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.
3. THE
MANAGING
DIRECTOR,
ANDHRA
PRADESH
IRRIGATION
DEVELOPMENT CORPORATION, GOVERNORPETA, VIJAYAWADA.
4. THE DIRECTOR, TREASURIES AND ACCOUNTS, 1ST FLOOR NIDHI
BHAVAN, MANGALAGIRI, GUNTUR.
5. THE
MANAGER
FINANCE,
ANDHRA
PRADESH
IRRIGATION
DEVELOPMENT
CORPORATION,
REGISTERED
OFFICE,
VIJAYAWADA
...RESPONDENT(S):
BM,J
W.P.No. 7126 of 2024
Dated 22.09.2026
Counsel for the Petitioner:
1. G SRI HARSHA
Counsel for the Respondent(S):
1. GP FOR SERVICES III
2. GP FOR SERVICES I
3. MALLIPUDI DHANA RAJU SC for APIDC Ltd.
4. V RAJA MANOHAR (SC FOR APSIDC)
The Court made the following:
BM,J
W.P.No. 7126 of 2024
Dated 22.09.2026
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ORDER:
1. This Writ Petition is filed against the notice of the termination of the probation of the petitioner and discharging him from services with effect from the date of expiry of period of one (01) month from the date of service of notice vide notice No.IDC/MD/HRD/AM/PF/Sri YSNS Dheeraj/2023-24/1695/ dated 19.02.2024.
2. The sole reason on which the petitioner’s services were terminated is that in view of non-creation of Employee C.F.M.S.I.D by the Director of Treasuries and Finance, Mangalagiri and non-payment of salary from the date of joining i.e., 23.03.2023 to 31.12.2023 for a period of nine (09) months from P.D Account and as such, petitioner’s services are terminated under purported exercise of powers under Rules 17(a) (ii) & 20 of A.P State and Subordinate Service Rules, 1996. The entire objection seems to be non-creation of the C.F.M.S.I.D for payment of the salary to the petitioner by the Director of Treasuries and Accounts, which is not within the domine of the petitioner to create such I.D and the impugned order speaks that there is no response from the Director of Treasuries and Accounts, Mangalagiri regarding creation of C.F.M.S.I.D of Petitioner. Accordingly, terminated the probation of Petitioner and
BM,J W.P.No. 7126 of 2024 Dated 22.09.2026
discharged from service with effect from the date of expiry of a period of one (01) month from the date on which the notice was served.
3. Learned counsel for the Respondents place reliance on a letter addressed by the Director of Treasuries and Accounts, dated 15.03.2024 which is annexed along with the counter, wherein it was stated that the mother of the petitioner was working as Deputy Executive Engineer, PR, PRI, Sub-Division Rajole in East Godavari District. In such a case, compassionate appointment cannot be given to the petitioner and the said appointment is against the Rules. Accordingly, he stated that creation of C.F.M.S.I.D cannot be considered.
4. Learned counsel for petitioner has drawn the attention of this court to the proceedings of the Corporation issued by the Managing Director, by placing the proposals of compassionate appointment before the Board, wherein it has been specifically stated that the petitioner’s mother-Smt. Venkatalakshmi is a Government employee, working as Deputy Executive Engineer at Rajole and he has also placed that he was dependent upon his father and his father and mother were separated and living separately from the petitioner’s childhood.
5. Considering the same, in 233rd Board meeting held on 16.02.2023, Board has resolved to appoint the petitioner and accordingly, appointed the petitioner on compassionate grounds on 20.03.2023 with the conditions, period of probation of one (01) year as indicated in the said appointment proceedings. As the appointment of the petitioner was considered by the board after taking into
BM,J W.P.No. 7126 of 2024 Dated 22.09.2026
consideration all the aspects, as such, the said grounds cannot be raised by the respondents. However, the impugned notice does not indicate that they have conducted an enquiry or there are any irregularities committed by the petitioner. The sole ground seems to be the non-creation of C.F.M.S.I.D by the Director of Treasuries and Accounts and in fact, as per the impugned notice, the said objection was also not communicated by the respondent authorities. Therefore, the view taken by the respondents and issuing termination proceedings on the ground of non-creation of C.F.M.S.I.D by the 4th respondent is highly arbitrary and in violation of principles of natural justice.
6. With the above observation, the Writ Petition is allowed, setting aside the impugned notice No.IDC/MD/HRD/AM/PF/Sri YSNS Dheeraj/2023- 24/1695/ dated 19.02.2024 issued by the 3rd respondent and the respondents are directed to reinstate the petitioner into services and pay the salaries by duly creating C.F.M.S.I.D within a period of two (02) months from the date of receipt of copy of this order.
Consequently, pending miscellaneous petitions, if any, shall stand closed. _______________________________ SRI JUSTICE BALAJI MEDAMALLI Dated 22.09.2026 KS
Whether the order is : Speaking: Yes Reasoned : Yes Reportable: No Non-Reportable: Yes
BM,J W.P.No. 7126 of 2024 Dated 22.09.2026
Dated:22.09.2026.
KS