Andhra Pradesh High Court
WP/543/2024 of Smt. Allam Nagamani Vs The Collector and District Magistrate on 9 February 2026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 543/2024 Between: 1. SMT. ALLAM NAGAMANI, (D/O LATE ESHWARAIAH) W/O
APHC010657142023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE TENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 543/2024
Between:
1. SMT. ALLAM NAGAMANI, (D/O LATE ESHWARAIAH) W/O
Y.NARAYANA AGED ABOUT 33YRS, OCC- HOUSEHOLD R/O
H.NO.8-17-18/9 NEAR RACHARLA GATE, GIDDALUR PRAKASAM
DISTRICT.
...PETITIONER
AND
1. THE COLLECTOR AND DISTRICT MAGISTRATE, ONGOLE, PRAKASAM DISTRICT
2. THE ASSISTANT DIRECTOR OF SERI CULTURE, MARKAPUR, PRAKASAM DISTRICT
3. THE DISTRICT SERI CULTURE OFFICER, ONGOLE, PRAKASAM
DISTRICT
4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY
GENERAL
ADMINISTRATION
(SER-A)
DEPARTMENT
SECRETARIAT,
VELAGAPUDI
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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare action of the respondent No.1 in issuing the impugned Endorsement in Rc.A2/339886/2022, dt.24-11-2023
rejecting the representation dt.04-12-2021 for providing employment to the
petitioner on compassionate grounds for the death of the father of the petitioner named A.Eshwaraiah who died in harness on 28-05-2021 while in service as Technical Assistant in the office of the respondent as arbitrary, illegal, and violation of the Articles 14 and 21 of the Constitution of India and consequently declare that the petitioner being the married daughter is also eligible to provide employment under compassionate grounds
and
set
aside
the
Impugned
Endorsement
in
RC.A2/339886/2022, dt.24-11-2023 issued by the 1st respondent and further direct the respondents to provide employment to the petitioner on compassionate grounds in the interest of justice.
IA NO: 1 OF 2024
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 direct the respondents to consider the petitioner provide employment under compassionate grounds by suspending the Impugned Endorsement in Rc.A2/339886/2022, dt.24-11-2023 issued by the l^t respondent pending disposal of the writ petition in the interest of justice.
Counsel for the Petitioner:
1. P NAGENDRA REDDY
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR GENERAL ADMINISTRATION
The Court made the following:
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ORDER:
The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:
“to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring declare action of the respondent No.1 in issuing the impugned Endorsement in Rc.A2/339886/2022, dt.24-11-2023 rejecting the representation dt.04-12-2021 for providing employment to the petitioner on compassionate grounds for the death of the father of the petitioner named A.Eshwaraiah who died in harness on 28-05-2021 while in service as Technical Assistant in the office of the respondent as arbitrary, illegal, and violation of the Articles 14 and 21 of the Constitution of India and consequently declare that the petitioner being the married daughter is also eligible to provide employment under compassionate grounds and set aside the Impugned Endorsement in RC.A2/339886/2022, dt.24-11-2023 issued by the 1st respondent and further direct the respondents to provide employment to the petitioner on compassionate grounds in the interest of justice….”
2. Heard M/s. P.Nagendra Reddy, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents.
3. The case of the petitioner is that the petitioner is the daughter of Sri A.Eswaraiah, who died on 28.5.2021 while in service in Seri Culture Department in Markapur i.e. respondent nos.2 and 3. The petitioner herein is a graduate. The marriage of the petitioner was performed on 24.12.2016 and her husband stayed along with the parents of the petitioner as illatom son in law. It is further submitted that the brother predeceased his father. After getting family member certificate, the mother of the petitioner submitted a representation on 04.12.2021 to respondent no.2 for considering the appointment of the petitioner on compassionate grounds with no objection certificate of the sister in law of the petitioner. It is further averred that the respondent no.1, without considering the said representation/application on proper perspective, has rejected the representation/application of the petitioner vide impugned memo dated 24.11.2023 stating that the petitioner is a married daughter and is not entitled for appointment on compassionate grounds as per the memo No.406/10/A1/Admn.I/2004, dated 20.03.2004 issued by the Government, which is totally improper and contrary to the various orders passed by this Court.
4. Learned Assistant Government Pleader submits that the application submitted by the petitioner has been rejected vide memo dated 24.11.2023 on the ground that the memo dated 20.03.2004 issued by the Government would not apply to the petitioner. As per the memo dated 20.03.2004, it is stated that “once marriage is performed, a daughter is not dependent on her father/mother even if she is un-employee or her husband is un- employee. A married daughter is dependent on her father/mother if she is living with her father/mother when her husband deserts her or disappears for years together or dies in all such cases, the husband should not have left any property/income to his wife and the married daughter is solely dependent on the support provided by her father/mother and is an un- employee”. In view of the same, the petitioner is not entitled for compassionate appointment. He further stated that the dependent children of a deceased Government Servant who dies while in service are eligible for compassionate appointment to the eligible post. But in the present case, the petitioner is not the dependent of the deceased Government employee. Hence, she is not entitled for compassionate appointment.
5. In reply to the same, learned counsel for the petitioner submits that the dependent children of the deceased Government servant who dies while in service are eligible for compassionate appointment for suitable post as per G.O.Ms.No.350, GA (SER-A) Dept dated 30.07.1999, Memo No.116147/Ser.A/2003-1, dated 08.10.2003 issued by the Government. Learned counsel for the petitioner further submit that as per G.O.Ms.No. 350, General Administration (SER-A) Department dated 30.07.1999, compassionate appointments to the dependent of deceased Government employees are subject to the fulfillment of the following conditions:- “a. In para 2 (iii) of the G.O. it has been ordered that where the deceased employee does not have any male child but leaves behind him/her a married daughter and an unmarried minor daughter, the choice of selecting one of them for appointment under the social security scheme shall be left to the spouse of the deceased.
b. In such cases Government hereby clarify when there is only a married daughter to the deceased Government employee without older or younger brothers or sisters and the spouse of the deceased Government employee is not willing to avail the compassionate appointment, such married daughter may be considered for compassionate appointment provided she is dependent on the deceased Government employee and subject to satisfying the other conditions and instructions issued on the scheme from time to time.”
6. On perusal of the impugned orders as well as G.O.Ms.No.350, GA (SER-A) Dept dated 30.07.1999, it clearly shows that the petitioner shall come under clause (a) of the conditions, as her mother is not willing to avail the compassionate appointment and the petitioner has submitted no objection certificate from her sister-in-law.
7. Apart from that, in identical cases this Court has considered the issue in W.P.No.10340 of 2014 dated 26.02.2021 and held that the word “Unmarried” is strike down in clause-III of eligibility criteria of “Bread Winner Scheme” of the respondent Corporation holding that it is discriminatory, arbitrary, unjust and violative of Articles 14, 15, 16 and 21 of the Constitution of India;
8. In view of the above observations in the said judgment, the impugned memo dated 24.11.2023 issued by the respondent no.1 is set aside and the matter is remanded back to respondent no.1 for fresh consideration. The respondent no.1 is directed to consider the same afresh and pass appropriate orders, within a period of two (02) months from the date of receipt of a copy of this order.
9. It is needless to mention that while considering the representation/application of the petitioner, the respondents shall also take into consideration the certificates filed in writ petition.
10. Accordingly, the Writ Petition is disposed of. No costs.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
_______________________ JUSTICE D.RAMESH
Date: 10.02.2026 RD
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.543 of 2024 10.02.2026 RD