ORDER :

1. Heard Sri V.Narasimha Goud, learned counsel for the petitioner and Sri Thoom Srinivas, learned standing counsel for the respondents.

2. Since the point involved in both the writ petitions is intertwined, these two writ petitions are being disposed of by this common order.

3. W.P.No.11801 of 2017 is filed seeking to declare the impugned order dated 16.04.2015 and also the order dated 14.10.2015 treating the removal period as not on duty and deferring annual increment for a period of one year with cumulative effect as arbitrary. A consequential direction was also sought for granting all consequential benefits for the period from the date of removal till the date of death i.e. 16.04.2015 to 23.09.2015 by treating him as on duty.

4. W.P.No.10183 of 2018 is filed to declare the proceeding dated 04.11.2017 of the second respondent rejecting the case of the petitioner for appointment on compassionate grounds as illegal and arbitrary and consequently to direct the respondents to provide employment to the petitioner on compassionate grounds.

5. The learned counsel for the petitioner submits that the father of the petitioner by name T.Narsimulu was working in the respondents’ Corporation as Conductor on regular basis from 27.05.1998. While being so, he was removed from service by order dated 16.04.2015 on the charge that he was absent for duties on 19.08.2014, 20.08.2014, 23.08.2014 to 25.08.2014, 03.09.2014, 06.09.2014 to 08.09.2014. Aggrieved by the said order dated 16.04.2015, Narsimulu preferred an appeal before the second respondent which was said to have been considered but the details were not available. While so, said Narsimulu died on 23.09.2015 leaving the petitioner and his sister as his legal heirs as the mother of the petitioner had expired in the year 2010. The petitioner made an application under Right to Information Act on 07.09.2016 before the Divisional Manager, Sanathnagar Division for the proceedings dated 14.10.2015. The Divisional Manager issued proceedings dated 01.10.2016 stating that no order copy dated 14.10.2015 is available. Thereupon, the petitioners filed W.P.No.43441 of 2016 and during the course of proceedings in that writ petition, the counsel for the respondents produced a copy of the order said to have been passed by the second respondent dated 14.10.2015, whereunder the punishment of removal imposed on the father of the petitioner was modified to the extent that he shall be reinstated into service but imposed the penalty of deferment of the annual increment for a period of one year with cumulative effect, he should pay fresh security deposit and produce valid Conductor license. It was further directed that the period from the date of removal to the date of performance of first duty by him on reinstatement at the depot to which he is posted shall be treated as discontinuity in service for all purposes.

6. The learned counsel for the petitioner further submitted that in view of the above order dated 14.10.2015, W.P.No.43441 of 2016 was dismissed as withdrawn with liberty to file a fresh writ petition questioning the order dated 14.10.2015 passed by the second respondent and thereafter the present writ petition has been filed.

7. The learned counsel for the petitioner further submitted that the father of the petitioner sustained injury due to which he was constrained to be absent to duty and for the said injury he was treated in RTC hospital at Tarnaka and from there he was referred to NIMS hospital, Hyderabad. Thereafter he had undergone a surgery and he was treated as inpatient from 19.03.2015 to 04.04.2015. Hence he was on leave even during the charged period of nine days.

8. The learned counsel for the petitioner further submitted that while passing the impugned order, the third respondent has taken into consideration that the father of the petitioner was absent for 75 days during the year 2014 and that he was again absent even after issuing the final show cause notice of removal from serv