THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.1451 of 2014 Date: 23.01.2014 Between :
Smt. N. Annapurna .… Petitioner and A.P. State Road Transport Corporation, Musheerabad, Hyderabad, rep. by its Vice Chairman and Managing Director and another.
…. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.1451 of 2014 ORDER :
This writ petition is disposed of at the stage of admission with the consent of the learned counsel for both parties.
2. The petitioner’s husband – N. Chennakeshav Rao was a Conductor in A.P. State Road Transport Corporation. He died in harness on 26.10.2005. According to the petitioner, she is entitled for a job on compassionate grounds. She has filed this writ petition complaining that the respondents are not inclined to consider her case.
3. In 2005 when the death occurred, there was a ban in giving employment to the dependents of the deceased employees on compassionate grounds. The Corporation approached the State Government with a request to restore the system. Considering the request and also as the system is prevailing in State Public Enterprises and other organizations, the State Government positively accepted the request of the Corporation and issued orders in G.O.Ms.No.2, Transport, Roads & Buildings (TR.II) Department, dated 05.01.2013. The order reads as follows:
“7. Government, after careful examination, hereby accord permission to Vice Chairman & Managing Director, APSRTC, to provide compassionate appointments to all the eligible dependants of the employees, who died in harness, numbering around 1120 pending since very long time w.e.f., 01.01.1998 in Andhra Pradesh State Road Transport Corporation against sanctioned vacancies, as per the recruitment guidelines in vogue subject to fulfilling eligibility criteria & qualifications, with retrospective effect, as a special case and one time measure.
8. The Vice Chairman & Managing Director, Andhra Pradesh State Road Transport Corporation shall take necessary action accordingly.”
4. From the aforesaid order, it is evident that the system of giving appointment on compassionate grounds has been restored, of course, to the extent of around 1120 pending cases eversince 01.01.1998. The order, therefore, postulates that the dependents of the deceased employees are eligible for appointments notwithstanding the fact that the deaths occurred prior to the issuance of G.O. i.e., 05.01.2013. In fact, the G.O states that the order has been issued with retrospective effect.
Therefore, the petitioner, whose husband died in 2005, is also entitled for consideration. Since all such cases have been identified as numbering 1120 in respect of which the State Government has given permission and they have been put in the list, the respondents are under an obligation to consider such cases for employment.
5. In view of the above, this writ petition is disposed of directing respondent No.2 to consider the case of the petitioner for appointment on compassionate grounds provided her name is in the list of 1120 identified cases and take an appropriate decision in the matter. There shall be no order as to costs.
6. In view of disposal of the writ petition, W.P.M.P.No.1721 of 2014 is dismissed as unnecessary.
JUSTICE NOUSHAD ALI 23.01.2014.
Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.1451 of 2014 23.01.2014 (Msr)