IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH
AT HYDERABAD
MONDAY, THE TWENTYNINTH DAY OF APRIL
TWO THOUSAND AND THIRTEEN
THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR
WRIT PETITION No.2260 of 2013
Between:
Smt. Malan Begum, W/o.late Md.Khader Khan,
E.102039, 48 years, Occ: Housewife.
And another
.. Petitioners
AND
The Vice Chairman and Managing Director,
A.P.S.R.T.C., Bus Bhavan, Musheerabad,
Hyderabad.
and another
.. Respondents
The Court made the following:
THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR
WRIT PETITION No.2260 of 2013
ORDER:
This Writ Petition has been filed seeking to declare the action of the respondent in not appointing one of the petitioners on compassionate grounds consequent to the death of the 1st petitioner’s husband as illegal and arbitrary, and consequently, direct the respondents to consider the case of the petitioners for appointment on compassionate grounds for any suitable post.
The case of the petitioners is that husband of the 1st petitioner, who was working as a driver in the respondents’ corporation, died on
09-04-1996 while in service and while performing his duties. The 1st petitioner made representations on 07-02-1998, 04-06-1999 and
04-08-2000 to provide monetary benefits and alternative employment to them on compassionate grounds. The respondents stated to the petitioners that there was ban on recruitment for appointment on compassionate grounds. Aggrieved by the same, the present writ petition has been filed.
09-04-1996 while in service and while performing his duties. The 1st petitioner made representations on 07-02-1998, 04-06-1999 and
04-08-2000 to provide monetary benefits and alternative employment to them on compassionate grounds. The respondents stated to the petitioners that there was ban on recruitment for appointment on compassionate grounds. Aggrieved by the same, the present writ petition has been filed.
Heard the leaned counsel for the petitioners and the leaned counsel for the respondents.
It appears that there was ban on compassionate appointments in the Corporation. The Government has issued G.O.Ms.No.2 Transport, Roads & Buildings (TR.III) Department, dated 05-01-2013 lifting the ban and according permission to the respondents to provide compassionate appointments to all eligible dependents of the employees, who died in harness. Therefore, in view of issuance of the said G.O., the earlier scheme of compassionate appointments vide G.O.Ms.No.687, G.A. (Ser.A) Department, dated 03-10-1977; G.O.Ms.No.545, G.A. (P.E.I) Department, dated 16-09-1979; and G.O.Ms.No.36, P.E.(III) Department, dated 05-02-1993, stand restored and all the applications pending on the date of issuance of ban orders have to be considered by the respondents. In the circumstances, the respondents can be directed to consider the cases which are pending since 01-01-1998.
Accordingly, the Writ Petition is disposed of and the respondents shall consider the case of the petitioners and pass appropriate orders in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel to disposal of the writ petition, miscellaneous petitions, if any pending in this writ petition, shall stand closed.
___________________________
JUSTICE B. CHANDRA KUMAR
29th April, 2013
siva
THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR
WRIT PETITION No.2260 of 2013
DATE: 29.04.2013
siva
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