Muntha Chiranjeevi vs The State Of Ap
2022 Latest Caselaw 4311 AP

                                    1




THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

             WRIT PETITION No.21509 OF 2022

ORDER:

Heard learned counsel for the petitioner and learned

Government Pleader for respondents.

2. The Writ Petition is filed with the following prayer:

"...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5 in not considering the petitioner representations made during the period 25.2.2020 to 03.01.2022 seeking appointment under compassionate grounds as illegal, arbitrary and unconstitutional and consequently direct the respondents 2 to 5 to consider and dispose of the petitioner representations fro appointment under compassionate ground for any suitable post by fixing outer time limit and pass..."

3. The case of the petitioner is that his father while

working as Village Revenue Assistant (VRA) of Peramana, died

on 21.03.2019. After death of his father, petitioner submitted

representations dated 24.02.2020, 14.12.2020, 19.07.2021

and 03.01.2022 to the respondents seeking compassionate

appointment, but no orders have been passed so far. Hence,

the Writ Petition.

4. Learned counsel for the petitioner relies upon the

judgment of the Hon'ble Supreme Court in Civil Appeal

No.4103 of 2022 arising out of SLP (Civil) No.936 of 2022

dated 20.05.2022, wherein it is held as follow:

"xxx If the object and purpose of appointment on compassionate grounds as envisaged under the relevant policies or the rules have to be achieved then it is just and necessary that such

applications are considered well in time and not in a tardy way. We have come across cases where for nearly two decades the controversy regarding the application made for compassionate appointment is not resolved. This consequently leads to the frustration of the very policy of granting compassionate appointment on the death of the employee while in service. We have, therefore, directed that such applications must be considered at an earliest point of time. The consideration must be fair, reasonable and based on relevant consideration. The application cannot be rejected on the basis of frivolous and for reasons extraneous to the facts of the case. Then and then only the object and purpose of appointment on compassionate grounds can be achieved."

5. Learned counsel for the petitioner submits that as the

petitioner has submitted his representations, dated

24.02.2020, 14.12.2020, 19.07.2021 and 03.01.2022, the

respondent authorities may be directed to dispose of the

same. Learned Government Pleader does not have any

objection for disposal of the said representations.

6. In view of the facts and circumstances, the 2nd

respondent is directed to consider and dispose of the

representation of the petitioner, dated 03.01.2022 seeking

compassionate appointment, strictly in accordance with

relevant Rules, as expeditiously as possible preferably, within

a period of three (03) weeks from the date of receipt of a copy

of this order.

7. The Writ Petition is disposed of accordingly. No order as

to costs.

As a sequel thereto, the miscellaneous petitions,

if any, pending in this Writ Petition shall stand closed.

_________________________________ KONGARA VIJAYA LAKSHMI, J

Date: 20.07.2022

Rmn

THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION No. 21509 of 2022

Date: 20.07.2022

Rmn