whether the legal heir of a contract employee, who sustained grave injury in the accident while in service, is entitled to claim compassionate appointment ? This issue is squarely covered by the order dated 02.01.2018 in the case of T. Suseela vs. The State represented by the Secretary to Government, Rural Development Department, Secretariat, Chennai-9 [W.P(MD)No.10238 of 2020 and MP(MD)Nos.1 & 2 of 2010] passed by the Single Judge of Madurai Bench of Madras High Court, wherein the Single Judge after considering various judgments of Supreme Court decided the issue against the petitioner therein. However, the request of this petitioner is limited i.e., to consider the representation dated 24.07.2017. Hence, the 4th respondent is requested to dispose of the representation dated 24.07.2017 submitted by the petitioner to the District Collector, Guntur keeping in view the law laid down by the Single Judge of Madurai Bench of Madras High Court in T. Suseela’s case (referred supra) and the law declared therein, within a period of four (04) weeks, from the date of receipt of a copy of this order

whether the legal heir of a contract employee, who sustained grave injury in the accident while in service, is entitled to claim compassionate appointment ?

This issue is squarely covered by the order dated 02.01.2018 in the case of T. Suseela vs. The State represented by the Secretary to Government, Rural Development Department, Secretariat, Chennai-9 [W.P(MD)No.10238 of 2020 and MP(MD)Nos.1 & 2 of 2010] passed by the Single Judge of Madurai Bench of Madras High Court, wherein the Single Judge after considering various judgments of Supreme Court decided the issue against the petitioner therein. However, the request of this petitioner is limited i.e., to consider the representation dated 24.07.2017. Hence, the 4th respondent is requested to dispose of the representation dated 24.07.2017 submitted by the petitioner to the District Collector, Guntur keeping in view the law laid down by the Single Judge of Madurai Bench of Madras High Court in T. Suseela’s case (referred supra) and the law declared therein, within a period of four (04) weeks, from the date of receipt of a copy of this order.

AP HIGH COURT

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.1394 OF 2021

R PEDABABU

-verses-

The State of Andhra Pradesh

ORDER:

 This petition is filed under Article 226 of the Constitution of

India seeking the following relief:-

“….to issue a Writ of Mandamus or any other appropriate

writ order or direction declaring the Award dated

15042014 passed in Lok Adalat Case No.23 of 2014 on the

file of Lok Adalat Bench Macherla against FIR No.92/2013

on the file of Durgi Police Station Guntur District which

was registered as C.C.No.445/2013 on the file of Junior

Civil Judge Macherla and further inaction of the

respondents in providing any employment without

assigning any reason or passing any order by following the

due process of law against representation dated 15.11.2019

as illegal arbitrary non-est in the eye of law and violative of

Articles 14 16 21 of Constitution of India principles of

natural justice and pass such other order.”

2. The main grievance of this petitioner is that his father by name

Koteswara Rao worked as lineman on contract basis under

respondents 8 and 9 in the department of respondents 2 to 7, he met

with an accident and sustained grave injury while in service as

contract employee under respondents 8 and 9, totally disabled and

he is not in a position to discharge his duties. Therefore, the

petitioner made a representation dated 15.11.2019 to the

Superintendent of Police, Guntur Rural and not to any of the

respondents. However, he made another representation allegedly to

the District Collector, Guntur on 24.07.2017 for his appointment on

compassionate ground. Non-consideration of his request to appoint

on compassionate grounds is now questioned before this Court and

requested to declare the same as illegal and arbitrary. 

2

3. During the course of hearing, Sri T.Ramakoteswara Rao,

learned counsel for the petitioner requested this Court to issue a

direction to the respondents to consider the representation of the

petitioner dated 24.07.2017 submitted to the District Collector,

Guntur, without touching the merits of the case.

4. On the other hand, Sri Y.Nagi Reddy, learned Standing

Counsel for A.P.S.P.D.C.L appearing for the respondents contended

that the representation dated 15.11.2019 was addressed to the

Superintendent of Police, Guntur Rural and not to any of the

respondents, but he marked copies to the Deputy Superintendent of

Police, Gurazala, Circle Inspector of Police, Macherla Rural and

Sub-Inspector of Police, Durgi Police Station, the same cannot be

taken into consideration. However, the representation made to the

District Collector, Guntur dated 24.07.2017 is not in dispute. But,

now the question is whether the legal heir of a contract employee,

who sustained grave injury in the accident while in service, is

entitled to claim compassionate appointment.

5. This issue is squarely covered by the order dated 02.01.2018

in the case of T. Suseela vs. The State represented by the

Secretary to Government, Rural Development Department,

Secretariat, Chennai-9 [W.P(MD)No.10238 of 2020 and

MP(MD)Nos.1 & 2 of 2010] passed by the Single Judge of Madurai

Bench of Madras High Court, wherein the Single Judge after

considering various judgments of Supreme Court decided the issue

against the petitioner therein. However, the request of this petitioner

is limited i.e., to consider the representation dated 24.07.2017. 

3

Hence, the 4th respondent is requested to dispose of the

representation dated 24.07.2017 submitted by the petitioner to the

District Collector, Guntur keeping in view the law laid down by the

Single Judge of Madurai Bench of Madras High Court in T. Suseela’s

case (referred supra) and the law declared therein, within a period of

four (04) weeks, from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of.

There shall be no order as to costs.

 Consequently miscellaneous petitions pending, if any, shall

also stand closed.

_________________________________________

JUSTICE M. SATYANARAYANA MURTHY

Date: 20.01.2021

IS 

4

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.1394 OF 2021

Dated 20.01.2021

IS