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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
P. Naveen Rao, J.
Smt. B. Suvarna W/o Late B. Sudhakar – Petitioner
Versus
The APSRTC, Rep. by its Managing Director, Hyderabad and Others – Respondents
Writ Petition Nos. 8614, 20849, 23637, 23891 of 2012, 12777, 15761, 15893, 31535, 31947, 37259 of 2013, 15475, 15756, 15916, 20141 of 2014, 4943, 7779, 24432 of 2015
Decided On : 13-04-2017
Constitution of India - Articles 14 and 16 - Petitioners for compassionate appointment under the Bread Winner Scheme is rejected/not considered. Since the issue for consideration in all the writ petitions is same - Appointment to the dependents of deceased government employees - This scheme was later extended to State Level Public Enterprises having noticed that there were financial constraints and many Public Sector Enterprises are running in losses Government dispensed with the provision of appointment on compassionate grounds in PSUs and instead introduced the scheme of granting ex-gratia depending on the category of deceased employee - On a review of this policy, Government reintroduced the scheme in State Public Sector Enterprises and Cooperatives subject to such Enterprises and Cooperatives are having positive net-worth which are financially sound and earning profits for the last five years and not dependent on Government for any kind of budgetary support - Appointment was dispensed with in A.P. State Road Transport Corporation (APSRTC) in the year - When the State was united, the combined APSRTC persuaded the Government to reintroduce the scheme of compassionate appointment - Though the Corporation informed the Government that Corporation is not making profits, but endeavor was being made to improve profitability that for long time no recruitment was made and large number of claims have accumulated and requested to grant permission to make appointments on compassionate grounds to all eligible dependents of the employees who have died in harness - Government was informed claims were pending - Government issued orders in G.O. Ms. No. 2, Transport, Roads & Buildings (TS.II) Department, dated permitting the Corporation to reintroduce the scheme of compassionate appointments w.e.f. Vide orders in G.O. Ms. No. Transport Roads and Buildings (TR.II) Department dated - Government clarified that the scheme shall be in force for future claims – Held, Petitioner himself in the affidavit filed in support of the writ petition that he only possess VII Class certificate - According to the qualifications prescribed to the posts of Conductor and Shramik minimum education qualification required is SSC and petitioner does not possess such qualification - Though stand of the respondents that petitioner gave up his claim for employment - Petition is disposed of directing the respondents to call the wife of the deceased employee petitioner and his brother verify the eligibility of the petitioner and his brother - If petitioner is found to be eligible, they shall obtain declaration from the mother specifying the son in whose favour employment should be provided and provide accordingly. In case, if petitioner is not qualified, his brother may be considered for employment subject to consent of the wife of the deceased employee. Before parting with this case, it is appropriate to mention that in WP No. 31670 of 2013, there was no declaration by the petitioner that he does not want employment and there was no direction from the Court, whereas in the counter-affidavit filed in this writ petition, statement is made as if in earlier round of litigation, petitioner gave up his claim. It shows non-application of mind and not devoting time to verify the facts on record - WP Nos. 20849 of 2012, 15475 of 2014, 15756 of 2014, 15916 of 2014 are dismissed - WP Nos. 8614 of 2012, 23891 of 2012, 31535 of 2013, 31947 of 2013, 37259 of 2013, 20141 of 2014, 4943 of 2015 and W.P. No. 24432 of 2015 are disposed of with directions - WP No. 23637 of 2012, WP Nos. 12777 of 2013, 15761 of 2013, 15893 of 2013, 7779 of 2015 are dismissed - petitions shall stand closed.
1. Heard Sri. S.M. Suban, learned counsel for petitioners in all writ petitions, Sri A. Rama Rao, learned standing counsel for APSRTC in W.P. Nos. 8614, 23891 of 2012, 31535, 15761, 15893 of 2013, 15475, 15756, 15916, 20141 of 2014, 4943, 24432 of 2015; Sri S.V. Ramana, learned standing counsel for APSRTC in W.P. Nos. 20849 of 2012 and 7779 of 2015; Sri A. Ravi Babu, learned standing counsel for TSRTC in WP Nos. 23637 of 2012; Sri P. Druga Prasad, learned standing counsel for APSRTC in W.P. Nos. 12777, 31947 and 37259 of 2013.
2. In all these writ petitions, claim of petitioners for compassionate appointment under the Bread Winner Scheme is rejected/not considered. Since the issue for consideration in all the writ petitions is same, these writ petitions are disposed of by this common order.
3. State of Andhra Pradesh, when it was united, formulated scheme of compassionate appointment to the dependents of deceased government employees. This scheme was later extended to State Level Public Enterprises. However, having noticed that there were financial constraints and many Public Sector Enterprises are running in losses, Government dispensed with the provision of appointment on compassionate grounds in PSUs and instead, introduced the scheme of granting ex-gratia depending on the category of deceased employee. On a review of this policy, Government reintroduced the scheme in State Public Sector Enterprises and Cooperatives subject to such Enterprises and Cooperatives are having positive net-worth, which are financially sound and earning profits for the last five years and not dependent on Government for any kind of budgetary support.
4. The scheme of compassionate appointment was dispensed with in A.P. State Road Transport Corporation (APSRTC) in the year 1998. When the State was united, the combined APSRTC persuaded the Government to reintroduce the scheme of compassionate appointment. Though the Corporation informed the Government that Corporation is not making profits, but endeavor was being made to improve profitability; that for long time no recruitment was made; and large number of claims have accumulated and requested to grant permission to make appointments on compassionate grounds to all eligible dependents of the employees, who have died in harness. Government was informed that 1120 claims were pending w.e.f 01.01.1998 Government issued orders in G.O. Ms. No. 2, Transport, Roads & Buildings (TS.II) Department, dated 05.01.2013 permitting the Corporation to reintroduce the scheme of compassionate appointments w.e.f. 01.01.1998 Vide orders in G.O. Ms. No. 15 Transport, Roads and Buildings (TR.II) Department, dated 07.02.2014, Government clarified that the scheme shall be in force for future claims also.
5. In these Corporations, the scheme is called as Bread Winner Scheme (BWS). Earlier, vide Circular No PD-30/2000 dated 05.05.2000 Corporation notified comprehensive guidelines on provision of employment under the bread winner scheme.
6. With effect from 02.06.2014, State of Andhra Pradesh was bifurcated and separate State of Telangana was carved out with ten (10) districts. However, the APSRTC continued as common RTC for two States. On processing the applications received, the Corporate Office noticed that though the Corporation intended to fill up 1120 vacancies, only 734 candidates were considered. There were representations from individuals as well as unions that the benefits of the scheme have not reached the truly deserving and requested to provide one more opportunity to consider the request for relaxations and modifications to the scheme. To consider the said request, Committee of Officers was constituted by the Vice Chairman and Managing Director. The report of the Committee was considered and comprehensive guidelines were notified in Notification No. PD-02/2015, dated 10.02.2015, which are in addition to the guidelines notified on 5.5.2000. These instructions prescribe eligibility qualifications for the respecti
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