THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.21918 OF 2014 Between:-
Smt.M.Padmavathi and another …Petitioners.
And The APSRTC rep.by its Managing Director, Musheerabad, Hyderabad and another.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.21918 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioners and the learned standing counsel appearing for the respondents.
This writ petition is filed seeking to issue a writ of mandamus, declaring the action of the respondents in not considering the case of the second petitioner for appointment on compassionate grounds in any suitable post in pursuance of the G.O.Ms.No.2, dated 5-1-2013 and Notification No.PD-03/2014, dated 1-3-2014 by taking into consideration of the date of death of the deceased as criteria for considering cases under Bread Winner Scheme as illegal and arbitrary and to set aside the same with a consequential direction to the respondents to appoint the second petitioner in any suitable post.
The first petitioner’s husband late Sri M.N.Murthy died in harness on 25-2-1999 while working as Shramik in APSRTC, Srikakulam-II Depot. He left behind the first petitioner, the second petitioner-his son and two other children. According to the petitioners, there are no earning members in their family and as per the Bread Winner Scheme, the second petitioner is entitled for compassionate appointment.
It is submitted that when the petitioners approached the respondents, they were informed that there are no vacancies and the case of the second petitioner would be considered as and when vacancies arise. The application made by the second petitioner was registered in the office of the respondents along with others, but till date no appointment order was given. The petitioners also submitted No Objection Certificates issued by the other members of the family and in spite of the same, it is stated that the second petitioner was not given any appointment on compassionate grounds, though he is eligible in all respects.
Under these circumstances, the respondents are directed to consider the case of the second petitioner for appointment in any suitable post in pursuance of G.O.Ms.No.2, dated 5-1-2013 and Notification No.PD- 03/2014, dated 3-2-2014, in accordance with rules and if the case of the petitioner falls under Bread Winner Scheme.
Accordingly, the writ petition is disposed of at the stage of admission. No order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 4-08-2014.
Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.21918 OF 2014 Date: 4-08-2014 Shr.