IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY THIS THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.31868 of 2010 Between:
K.Srinivas and another . PETITIONERS And Central Power Distribution Company of A.P. Corporate Office, Mint Compound, Hyderabad Rep.by its Managing Director and 2 others . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.31868 of 2010
ORDER:
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 petitioners for appointment to any suitable posts in the respondent corporation under the scheme formulated for compassionate appointment to the dependents of the employees who retire on the ground of medical invalidation as per T.O.O.(Addl.Secy-Per)Ms.No.214, dated 29.11.2008 as illegal and arbitrary, and consequently direct the respondents to provide suitable employment to one of the petitioners under the aforesaid scheme.
Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents.
The petitioners’ father K.Narsimulu worked in the 1st respondent Corporation as Assistant Lineman and retired from service on the ground of medical invalidation on 30.04.2003. According to the petitioners, their father was only the earning member in the family and immediately the 1st petitioner applied to the respondents for providing employment on compassionate grounds. Basing on his application, proposals were forwarded by the 3rd respondent to the 2nd respondent, but the said proposal was rejected by the 2nd respondent vide orders dated 16.04.2004 on the ground that the scheme for providing employment on compassionate grounds to the dependents of the employees stood dispensed with from 12.10.2001 as per the orders in C.O.O.[CGM(IR)] Ms.No.415, dated 26.02.2004.
It is submitted by the petitioners that in the year 2008, vide T.O.O. (Addl.Secy-Per) Ms.No.214, dated 29.11.2008, the respondent corporation revived the scheme of compassionate appointment to the dependents of the employees who retire on medical invalidation by making a government order in G.O.Ms.No.661, General Administration (Ser.G) Department dated 23.10.2008. It is submitted by the petitioners that on coming to know about the revival of the scheme, the petitioners made representation once again in January, 2009 to the respondents for providing employment to one of the petitioners on compassionate grounds.
From the facts stated hereinabove, it seems that the compassionate appointment was refused to the petitioners only on the ground that the scheme for such appointment was dispensed with from 12.10.2001. Now the scheme has been revived and therefore, the case of the petitioners can be considered for compassionate appointment to any of the petitioners.
In the circumstances, the respondents are directed to consider the case of the petitioners for appointment to any one of the petitioners on compassionate grounds, if the scheme is in force, and pass appropriate orders on the representation of the petitioners, within a period of 2 (two) months from the date of receipt of a copy of this order. The Writ Petition is accordingly disposed of. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 13.08.2014 Dsr