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1998 Supreme(AP) 411

Andhra Pradesh High Court
Judges : S.R.NAYAK
Desetti Eswari - Appellant
Versus
A.P.State Road Transport Corporation, Musheerabad, Hyderabad - Respondent
Decided On : 07-13-98

Headnote:

Service Law – Compassionate appointment - Petitioner husband while serving as conductor in the establishment of the APSRTC died - Seeking appointment to any suitable post in the establishment of the APSRTC - Claim is not yet considered by the second respondent. Hence this writ petition seeking a direction to the respondents to appoint the petitioner on compassionate ground to the post of sweeper or attender or in any other posts – Held, petitioner is not qualified to be considered to any post in services and similarly the Court cannot direct the respondent-management to consider the case of the petitioner for appointment to any post in services in view of the recruitment ban. Under the circumstances, the petitioner can only seek additional pecuniary benefits in lieu of appointment under the scheme - Directing the respondents to pay additional monetary benefits to the petitioner in lieu of appointment under the scheme - Directing the respondents to pay additional monetary benefits to the petitioner in lieu of appointment under the scheme – Directions issued – Writ petition disposed of

S. R. NAYAK, J.

( 1 ) HEARD. Perused the affidavit averments filed in support of the WPMP. It is allowed. The order made on 16-3-1998 is set aside.

( 2 ) THE petitioner s husband, namely late D. Veerabhadra Kama while serving as conductor in the establishment of the APSRTC died on 10-6-1994. The petitioner submitted an application on 4-3-1996 to the second respondent seeking appointment to any suitable post in the establishment of the APSRTC. According to the petitioner her claim is not yet considered by the second respondent. Hence this writ petition seeking a direction to the respondents to appoint the petitioner on compassionate ground to the post of sweeper or attender or in any other posts.

( 3 ) THE learned standing Counsel for the APSRTC would contend that the petitioner is not entitled to be considered for any post except to the post of Sweeper. He would also contend that at present the petitioner s claim cannot be considered for the post of sweeper also because there is a recruitment ban for the posts of sweeper and the policy decision taken by the Management of the APSRTC is upheld by the Supreme Court in Civil Appeal No. 8948 of 1997 dated 19-12-1997. In the facts and circumstances noted above, no relief at this stage can be granted to the petitioner. The petitioner is not qualified to be considered to any post in class III services and similarly the Court cannot direct the respondent-management to consider the case of the petitioner for appointment to any post in class IV services in view of the recruitment ban. Under the circumstances, the petitioner can only seek additional pecuniary benefits in lieu of appointment under the scheme.

( 4 ) IN the result, I dispose of the writ petition directing the respondents to pay additional monetary benefits to the petitioner in lieu of appointment under the scheme. If not already paid, within a period of two months from the date of receipt of a copy of this order. No costs.

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