Kasula Roshini vs The State Of Andhra Pradesh
2024 Latest Caselaw 9505 AP

Andhra Pradesh High Court - Amravati

Kasula Roshini vs The State Of Andhra Pradesh on 21 October, 2024

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                         MAIN CASE : W.P.No.23075 of 2024
                                 PROCEEDING SHEET

Sl.      Date                                ORDER                                OFFICE
No.                                                                                NOTE


2.    21.10.2024
                   SRS,J
                         The     writ   petition   is   filed   assailing   the
                   proceedings issued by the 6th respondent vide

No.P1/876(1)/2024 - DPTO/ANMA, dated 13.09.2024 whereby the case of the petitioner for appointment under compassionate grounds was rejected as (i) she is not eligible being married daughter and (ii) the cause of providing compassionate appointment does not survive in the event of death of her mother on 17.05.2021.

Earlier, the petitioner filed W.P.No.276 of 2024 to declare the action of respondents in not considering the petitioner's case for compassionate appointment and not passing any orders on the representation dated 03.10.2023 made by the petitioner.

Counter-affidavit was filed. After considering the averments, the said writ petition was disposed of on 29.07.2024. The operative portion of the said order is reads as under:

"Given the same, since the respondent authorities are yet to pass an order, the Writ Petition is disposed of at the admission stage with the consent of both the counsel, directing the respondent authorities to pass appropriate orders, keeping in mind the ratio laid down in the aforementioned judgments, within six weeks from the date of receipt of a copy of this order...".

In Para No.5 of the order, two judgments in (i) Commissioner of Police and Others vs. K.Padmaja (2013 (4) ALT 501) and (ii) Ch.Damayanthi vs. APSRTC, Hyderabad and others (2021 (2) ALD 582 (AP) were referred.

Despite the order dated 29.07.2024 in W.P.No.276 of 2024, the order impugned in the writ petition was passed without referring the judgments (supra). Prima facie, the order passed by 6th respondent is in violation of order dated 29.07.2024 in W.P.No.276 of 2024.

The act of 6th respondent is nothing but contemptuous, however, this Court deems it appropriate to give one more chance to 6th respondent, list the matter on 04.11.2024. 6th respondent shall appear before the Court on 04.11.2024.

This order will not preclude 6th respondent to pass fresh appropriate order in accordance with the Rules duly considering earlier judgments in that regard.

_______ SRS,J KA