WP/23334/2025 of POTHARLANKA VEERA RAJU Vs THE STATE OF AP on 22 July 2026

1. POTHARLANKA VEERA RAJU, S/O. SUBBARAO, AGED ABOUT 49 YEARS, OCC- OFFICE SUBORDINATE, R/O. D.NO.4-33, VEMURU VILLAGE, VEMURU MANDAL, BAPATIA DISTRICT, A.P

...PETITIONER AND

1. THE STATE OF AP, REP. BY ITS PRI. SECRETARY, ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI.

2. THE DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT, NTR VETERINARY SUPER SPECIALTY HOSPITAL PREMISES LABBIPET, VIJAYAWADA, N.T.R. DISTRICT.

3. THE JOINT DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT, GUNTUR, GUNTUR DISTRICT.

4. THE DISTRICT ANIMAL HUSBANDRY OFFICER, GUNTUR, GUNTUR DISTRICT.

5. THE DIVISIONAL DEPUTY DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT,

TENALI DIVISION, GUNTUR DISTRICT.

...RESPONDENT(S): 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 any writ, order Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities in not considering the Petitioners notional seniority by calculating his service from the initial date of according permission to appoint him on compassionate grounds 03.12.2001 for the purpose of service fixation and other service and monetary benefits like pension, EPF, annual increments etc. as highly illegal, improper, unjust, arbitrary, discriminatory and in violation of Article 14, 16, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents to consider the Petitioners notional seniority by calculating his service from the initial date of according permission to appoint him on compassionate grounds 03.12.2001 for the purpose of service fixation and other service and monetary benefits like pension, EPF, annual increments etc.and pass IA NO: 1 OF 2025 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 pleased to pass an interim order by directing the Respondents to consider the written representations submitted by the Petitioner, until disposal of the above writ petition, and pas IA NO: 1 OF 2026 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 may be pleased to receive the reply counter on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner:

1. SRINIVASA RAO NARRA Counsel for the Respondent(S):

1. GP FOR SERVICES I The Court made the following:

Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No

HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.23334 of 2025 O R DE R:

This writ petition is filed declaring the action of Respondent- authorities in not considering the Petitioner’s notional seniority by calculating his service from the initial date of according permission to appoint him on compassionate grounds i.e. 03.12.2001 for the purpose of monetary benefits as illegal and arbitrary.

2. Father of the Petitioner had worked as Attender in Veterinary Dispensary, Vemuru and retired from his service on 30.05.2001 on medical invalidation scheme as he suffered with Diabetes Mellitus with Hypertnesion. As per the scheme in vogue at that relevant point of time, Respondent No.2 permitted Respondent No.3 to appoint Petitioner on compassionate grounds in the year 2001. However, the scheme of compassionate appointment was dispensed with and the appointment of Petitioner was rejected. The scheme of compassionate appointment was revived in the year 2008 and the Petitioner’s request for compassionate appointment was rejected in the year 2015. O.A.No.6625 of 2015 filed thereon by the

Petitioner was dismissed on 11.12.2015 and in W.P.No.30230 of 2016 filed thereon, was disposed of to consider appointment of Petitioner in any suitable post vide order dated 08.03.2017.

3. Pursuant thereto, the Petitioner was appointed as Attender on compassionate grounds on 11.07.2017. Not satisfied with the appointment, the Petitioner submitted representations to consider his notional seniority from 2001 for the purpose of service fixation and other service and monetary benefits like pension, EPF etc. As no action is being taken on the representation, the present writ petition is filed.

4. Counter affidavit is filed by Respondent No.3 denying the contentions of the Petitioner.

5. Heard Sri Narra Srinivasa Rao, learned counsel for the Petitioner and learned Government Pleader for Services-I.

6. The relief sought by the Petitioner is unknown to law. The scheme of compassionate appointment under which the Petitioner was appointed was framed in the year 2008 and the appointment of Petitioner as Attender was in the year 2017. The relief sought in from a period anterior to the scheme of compassionate appointment framed in 2001 and as a vested right.

7. The notional date of seniority/promotion is given to individuals who have a vested right for appointment from an anterior date and were denied on account of intervening circumstances. A person seeking compassionate appointment has no vested right for appointment to a particular post and from a particular time and therefore, seeking for notional appointment from anterior date is impermissible.

8. The writ petition is therefore dismissed with costs of Rs.25,000/- to be payable to the Chief Justice Relief Fund. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 23.07.2026 KLP