JUDGMENT :

Satish Chandra Sharma, J.

1. The present writ appeal is arising out of the order dated 06.04.2017 passed by a learned Single Judge in W.P.No.6112 of 2004 directing the appellants to consider the case of the writ petitioner (respondent before this court) for grant of appointment (compassionate).

2. The undisputed facts of the case reveal that the writ petitioner (respondent before this court) is a widow and belongs to Scheduled Tribe. Her husband was employed in the services of the Central Power Distribution Company of Andhra Pradesh Limited, now known as Telangana State Southern Power Distribution Company Limited (TSSPDCL). Unfortunately on 19.04.2003, when her husband was working in the premises of the company, on account of non-functioning of circuit breaker at 33/11 KV SS Achampet, he was electrocuted and died on the spot. The young tribal widow, who was not having any other source of income and who was having a large family to support, as all were dependent upon her husband, submitted an application for grant of appointment on compassionate grounds. The application of the widow was rejected on 15.12.2003. She immediately came up before this court by filing a writ petition i.e., W.P.No.6112 of 2004. Unfortunately, it was only in the year 2017 that this court has decided the matter directing the employer to consider her case for grant of compassionate appointment, against which a writ appeal was preferred in the year 2017 and it was listed on 03.11.2017 for the first time. The present appellants sought an adjournment in the matter as reflected from the order sheet and it was posted on 06.11.2017 at request. However, it was not listed on 06.11.2017 and it has been listed today on a request made by the widow.

3. The undisputed facts of the case make it very clear that the death of the husband of the writ petitioner (respondent before this court) took place on 19.04.2003. At the relevant point of time, a scheme was applicable and the same is also on record i.e., Circular dated 30.06.2003. The relevant paragraphs of the said Circular dated 30.06.2003, as contained in paragraphs (i), (ii) and (iii), read as under:-

“(i) For Regular Employees:

(A) In case of injuries:-

If an employee who receives injuries which arise out of and in the course of his employment, compensation is to be paid on the basis of loss of earning capacity as determined by a Medical Officer. In all Departmental cases where employees receive injuries in the course of their employment the concerned officer should investigate the accident and determine the cause of the accident, but if the victims concerned are guilty of negligence and have involved themselves in the accidents, discarding the safety instructions, no compensation need be paid. However, if on investigation the officers come to the conclusion that the victims sustained injuries that had really arose out of and in the course of their employment they would be suitably compensated depending upon the certificate of loss earning capacity certified by Medical Officer not below the rank of Civil Assistant Surgeon of a Government Hospital. It is decided to pay Hospital expenses incurred by the employee in full to the concerned Hospital towards treatment of the employee if he sustains injuries during the course of employment.

(B) In case of Deaths: Employment is to be provided to one of the dependent of the deceased employee under Compassionate grounds in the event of candidate satisfying all the conditions in B.P.Ms.No.119, Dt.10-02-1982, B.P.Ms.No.247, Dt.17-03-1989 and Memo.No.DP/DM.II.Gr.I/983/89, Dt.21-02-1991 (in respect of minor).

4. In case of Departmental Fatal accidents, the Compensation has to be deposited with the Commissioner for Workmen Compensation.

(ii) Non-Departmental persons:

(A) In case of Fatal accidents to the Non-Departmental persons an amount of Rs.20,000/- in case of adults and Rs.10,000/- in case of children is to be paid to the legal heirs of the deceased who met with Non-Departme