HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY THIS THE FIRST DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.17938 of 2014 Between: Smt.D.Lakshmikanthamma . PETITIONER And The APSRTC, rep.by its Managing Director, Musheerabad, Hyderabad and 2 others . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.17938 of 2014
ORDER:
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
This writ petition is filed under Article 226 of the Constitution of India 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 as highhanded and arbitrary. It is submitted by the learned counsel appearing for the petitioner that as per the settlement made between the recognized union and the APSRTC, it is agreed that the children/spouse of the deceased contract employee were also entitled for appointment under breadwinner scheme. The learned counsel further submitted that as per Sec.3 of Gratuity Act, employee means who is serving as on the date of death and there is no discrimination between regular and contract employee and hence denial of the death benefits to the petitioner is unjust and arbitrary. It is further submitted that the petitioner made an application to the respondent authorities to consider her case but the same was not considered till date. Having regard to the facts and circumstances of the case and having heard the learned counsel appearing for the respondent Corporation, the respondents are directed to consider the case of the petitioner for compassionate appointment as per the existing breadwinner scheme and pass appropriate orders within a period of 3 (three) months from the date of receipt of a copy of this order.
The Writ Petition is accordingly disposed of. In the circumstances there shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 01.07.2014 Dsr