Point of law: Living in the nation known for moving at a rapid pace towards gender equality, it is highly ironic that same nation’s instrumentalities like APSRTC, etc., through their highly discriminative rules and circulars, indifferently and explicitly are advocating gender bias. Being aware of the constitutional provisions of Articles 14 and 15 of the Constitution of India, the authorities have been propagating such gender bias behind a veil-a VEIL that states girls and women are physically incapable of working under harsh conditions, which require muscle power and physical strength

ORDER :

This Writ Petition has been filed by the petitioner, under Article 226 of the Constitution of India, seeking the writ of Mandamus declaring the action of the respondents in not considering her case for appointment as Conductor or in any suitable post on compassionate grounds in pursuance of G.O.Ms.No.2, Transport, Roads & Buildings (TS.II) Department, dated 05.01.2013, as illegal and arbitrary.

2. Heard Sri S.M. Subhan, learned counsel for the petitioner and Sri P. Durga Prasad, learned Standing Counsel for APSRTC appearing for the respondents and perused the record.

3. The case of the petitioner is that the husband of the petitioner by name Nenavath Srinivas, worked as a Driver in the respondent Corporation. He died on 16.02.2007 in harness. The petitioner made an application on 23.08.2007 seeking appointment on compassionate grounds in any suitable post. The respondents orally informed the petitioner that her name was registered and as and when vacancy arises, her case will be considered. But, in spite of repeated requests made by the petitioner, her claim was not considered.

4. On the other hand, the respondents appointed one Smt. Parvati, wife of a deceased employee and one Smt. D. Rajeswari, wife of a deceased employee as Cleaners in the respondent Corporation, though they have no requisite qualifications. But the case of the petitioner was not considered, which is discriminatory and arbitrary and sought to allow the writ petition directing the respondents to appoint the petitioner in any suitable post on compassionate grounds.

5. A counter affidavit has been filed by the learned Standing Counsel on behalf of the respondents.

6. The case of the respondents is that the husband of the petitioner died on 16.02.2007 while he was working as Driver in the respondent Corporation. The petitioner being a wife of the deceased employee submitted an application on 29.07.2009 for providing employment i.e., Attender/ Conductor/Shramik under the bread winner scheme. Considering the request of the petitioner, she was called for an interview to the post of Conductor on 20.07.2013. The Selection Committee selected the petitioner to the post of Conductor subject to height relaxation from the competent authority. The said proposals for height relaxation by 3 cms., has not agreed by the competent authority. In view of the same, the claim of the petitioner for appointment as Conductor is not considered.

7. It is contended by the learned Standing Counsel appearing for the respondents that in the respondent Corporation no recruitment took place to the post of Attenders. As such, considering the claim of the petitioner to the post of Attender does not arise. As per the terms of the Circular No.PD-37/2003, dated 26.05.2003, women candidates are not eligible for Shramik Post. In view of the instructions issued in the said Circular, the respondents are unable to provide employment to the petitioner. The same was also informed to the petitioner vide letter No.P3/684(1)/2013-RM/KR, dated 23.12.2013. As such, the learned Standing Counsel sought to dismiss the writ petition.

8. Upon perusal of the averments made in the counter affidavit filed by the respondents, this Court noticed that women candidates are not eligible for Shramik Post in terms of Circular No.PD-37/2003, dated 26.05.2003, this Court directed the learned Standing Counsel for the respondent Corporation to place the circular before this Court. Accordingly, the learned Standing Counsel filed a memo, dated 21.01.2021 enclosing the Circular No.PD-37/2003, dated 26.05.2003 issued by the Vice Chairman &n Managing Director of Andhra Pradesh State Road Transport Corporation. The said circular is extracted as hereunder:

ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION

No.R1/684(2)/1994-HRD

Office of the Managing Director, Mushirabad, Hyderabad-20.

CIRCULAR NO.PD-37/2003, Dated 26.05.2003

SUB: RECRUITMENT – direct recruitment for the posts of Shramik, Mechanic and Chargeman (Printing) – Exemption from Wo