Citation : 2023 Latest Caselaw 4125 AP
Judgement Date : 8 September, 2023
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.23493 OF 2023
Between:-
Nuthangi Sirisha, D/o.Late Jeevamadhuram
... Petitioner
and
The State of Andhra Pradesh,
Rep. by its Principal Secretary,
Revenue Department, and others
... Respondents
Counsel for the petitioner : M/s.Venkatesh Kotamraju
Counsel for respondents : The G.P. for Revenue
ORDER:
Heard the learned counsel for the petitioner and
learned Assistant Government Pleader for Revenue.
2. The grievance of the petitioner, in the present writ
petition, is that despite making an application dated
23.3.2023 for issuance of 'No Earning Member Certificate',
so far no action has been taken by the respondent No.4.
3. Learned counsel for the petitioner, inter alia, submits
that the petitioner's father one Mr.Jeevamadhuram died in
harness on 12.1.2020 while discharging his duties as
Superintendent in Mandal Parishad Development Office,
Jangareddigudem. He submits that the petitioner along
with her mother filed O.S.No.62 OF 2010 on the file of the
Court of the Principal Senior Civil Judge, Kovvur to declare
them as Class-I Legal Heirs of Late Jeevamadhuram against
the step-mother by name Tadigadda Seetha Ramamma and
three step-brothers. He further submits that a judgment
and decree dated 29.8.2022 was passed by the said Court
declaring the petitioner, her step-mother and step-brothers
as Class-I Legal Heirs of the deceased Jeevamadhuram.
While that being the position, learned counsel submits that
as there is no bread-winner in the petitioner's family, the
petitioner made an application to the respondent No.4 for
issuing 'No Earning Member Certificate', to apply for the job
under compassionate grounds. He submits that though the
said application was made on 23.3.2023, no action was
taken and in such circumstances, the petitioner made a
representation dated 17.8.2023 to the respondent No.4. He
submits that even after the said representation also, no
action is taken by the respondent No.4. He submits that
seeking direction to the respondent No.4 to consider the
petitioner's application, the present writ petition is filed. He
submits that due to non-issuance of 'No Earning Member
Certificate', the petitioner is being subjected to great
hardship and irreparable prejudice.
4. This Court has considered the submissions made.
Though the learned Assistant Government Pleader for
Revenue seeks time to secure instructions in the matter,
this Court deems it not proper to keep the writ petition
pending by granting time for securing instructions and the
same can be disposed of, with a direction to the respondent
No.4 to take necessary action on the petitioner's application
dated 23.3.2023, as per the procedure and the relevant
Government Orders in vogue, as expeditiously as possible,
at any rate, within a period of six (6) weeks from the date of
receipt of a copy of this order.
5. With the above direction, the writ petition is disposed
of. No order as to costs. As a sequel, miscellaneous petitions
pending, if any, shall stand closed.
________________________ NINALA JAYASURYA, J September 08, 2023.
vasu
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