THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28248 OF 2014 Between:-
D.Babu Durga Pavan Kumar.
…Petitioner.
And The APSRTC rep.by its Managing Director, Musheerabad, Hyderabad and another.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28248 OF 2014 ORDER:
Heard Sri S.M.Subhan, learned counsel appearing for the petitioner and Sri K.Satyanarayana Murthy, learned standing counsel for APSRTC., appearing for the respondents.
This writ petition is filed seeking a writ of mandamus, declaring the action of the respondents in not considering the case of the petitioner for appointment on compassionate grounds in any suitable post in pursuance of G.O.Ms.No.2, dated 5-1-2014 and Notification No.PD- 03/2014, dated 1-3-2014 by taking into consideration the date of death of the deceased as criteria for considering cases under Bread Winner Scheme as arbitrary and consequently direct the respondents to appoint the petitioner in any suitable post.
It is submitted by the petitioner that his father while working as conductor in respondent corporation died in harness on 23-7-2006. According to the petitioner, his father was only earning member and his family has no source of income after the death of his father. When the mother of the petitioner made application, seeking compassionate appointment, it is said that it was orally informed by the respondent officials that there was a ban on the recruitment and having no option, she agreed for additional monetary benefit. However, the said amount was not paid and after the ban was lifted, the petitioner made an application dated 17-2-2010, seeking compassionate appointment and the same was registered in the office of the second respondent. Subsequently, the Depot Manager forwarded the application along with relevant certificates. According to the petitioner, he is eligible to be appointed as a conductor or in any suitable post under Bread Winner Scheme, but his case was not considered in terms of G.O.Ms.No.2, dated 5-1-2014 and circulars issued by the respondent corporation.
Under the aforesaid circumstances, the respondents are directed to consider the case of the petitioner for compassionate appointment in terms of G.O.Ms.No.2, dated 5-1-2014 and other circular orders of the respondent Corporation, within a period of two months from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly. There shall be no order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 20-09-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28248 OF 2014 Date: 20-09-2014 Shr.