THE HON’BLE SRI JUSTICE DAMA SESHADRI NAIDU WRIT PETITION No.11087 of 2014 Date: 09.06.2014 Between :
Smt.K. Aruna .. Petitioner and APSRTC, Rep. by its Managing Director, Bus Bhavan, RTC ‘X’ Roads, Hyderabad and two others .. Respondents THE HON’BLE SRI JUSTICE DAMA SESHADRI NAIDU
WRIT PETITION No.11087 of 2014
ORAL ORDER:
Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent-Corporation, apart from perusing the record.
Since the issue lies in a narrow compass, the Writ Petition is disposed of at the admission stage itself.
Shorn of extraneous particulars, the facts in brief are that the petitioner is the wife of one Sri K. Anjaiah, RTC Constable, who died on 24.08.2009, in harness. The petitioner, after the death of her husband, on 18.01.2010 applied for the post of Conductor on compassionate grounds. Though she was interviewed on 07.10.2013 by the Selection Committee, the respondent- authorities, however, rejected her claim through proceedings dated 01.02.2014.
A perusal of the order, dt.01.02.2014, reveals that the case of the petitioner was rejected on the ground that she was “under height” and the Vice Chairman and Managing Director, who is the competent authority, did not agree to relax the norm concerning height of the workman or workwoman to be appointed a conductor. Assailing the same, the petitioner has come before this Court by filing the present Writ Petition.
Today, when the matter is taken up for adjudication, the learned Standing Counsel has fairly submitted that the respondent-authorities are willing to reconsider the case of the petitioner without reference to the norm of height, and accordingly, both the counsel requested this Court to dispose of the Writ Petition recording the said submission.
On a prima facie appreciation of the issue, even this Court is of the opinion that it is totally inapplicable to insist that even women should be of the same height as men to be appointed as conductors or for that matter to any other post. Plainly, if any such provision is in operation, it falls foul of Article 14 of the Constitution of India. It is inherent in nature that woman is shorterthan man in physical stature. In this regard my view has been fortified by an earlier pronouncement of this Court in B. Nagendra Kumar v. APSRTC and others
[1]
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In any event, without any further reference to the merits of the mater, this Court disposes of the Writ Petition with a direction to the respondent authorities to consider the case of the petitioner without insisting on her fulfilling the height norm, by taking into account the ratio laid down by this Court in B. Nagendra Kumar’s case and pass appropriate orders thereon as expeditiously as possible, preferably within eight weeks from the date of receipt of a copy of this order.
With the above observations, the writ petition stands disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this writ petition, shall stand disposed of as infructuous.
DAMA SESHADRI NAIDU, J Date: 09.06.2014 va
[1] 2000 (2) ALD 626