Ramesh Ranganathan, J.

1. This Writ Petition is filed by the Vijayawada, Guntur, Tenali, Mangalagiri Urban Development Authority, aggrieved by the order passed by the A.P. Administrative Tribunal in O.A. No.3167 of 2012 dated 28.05.2012 (“Tribunal” for short). The 1st respondent herein invoked the jurisdiction of the Tribunal to declare the action of the petitioners herein, in not considering her case for appointment as an NMR (Last Grade Service employee) on compassionate grounds in the place of her husband who died while working as NMR (Last Grade Service employee) in the office of the 1st petitioner, as arbitrary and illegal. The reason why the 1st respondent was denied such a benefit was that the scheme of compassionate appointment was not available to persons who died in harness while working as an NMR.

By the order under challenge in this Writ Petition, the Tribunal observed that, following the judgment of the Supreme Court in Director of Education v. S. Pushpender Kumar (AIR 1998 SC 2230), a Division bench of the High Court, in W.A. No.1119 of 2010 dated 07.12.2011, had confirmed the order of the single judge; and, in the light of the judgment of the Supreme Court i