Mir Ashraf Ali, v. The Chairman And Managing Director,

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.7894 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue writ of Mandamus to declare the action of the respondent corporation in not considering the case of the petitioner for appointment to the post of attender in the respondent corporation on compassionate grounds in the light of the orders of this Hon'ble Court as made in WP No. 20824 of 2004, dated: 25.01.2005 even in spite of repeated requests including the one in writing on 24.02.2011 to the respondents herein even after lapse of more than five years as being illegal, arbitrary and in violation of the policy sought to be achieved by providing compassionate appointment and consequently direct the respondents to appoint the petitioner herein in any suitable post on compassionate grounds."

Heard Sri V. Vijaya Rama Raj, learned counsel for the petitioners and Sri R. Vinod Reddy, learned Standing Counsel for respondents.

The case of the petitioner précisely in the present writ petition is that the petitioner's father, one late Mir Asgar Ali died on 24-11-1991 while working as Linemen in the respondent organization. It is further stated that earlier the petitioner's mother filed writ petition No.20824 of 2004 before this Court seeking a direction to the respondents to consider the case of the petitioner herein for compassionate appointment. This Court by way of an order, dated 25-01-2005 disposed of the said writ petition, directing the respondents to consider the case of the petitioner herein on

compassionate grounds, in accordance with the Rules and the scheme if any available, within a period of three (3) months. Today, when the matter is called Sri R. Vinod Reddy, learned Standing Counsel for respondents has placed on record a memo, dated 17-08-2005 issued by the Chairman and Managing Director of the respondent corporation, wherein the request of the petitioner's mother for appointment of the petitioner on compassionate appointment was rejected.

In view of the above rejection order already passed pursuant to the earlier orders of this Court, no relief in the present writ petition can be granted in favour of the petitioner herein. For the aforesaid reasons, the writ petition is dismissed. Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

___________________ A.V. SESHA SAI, J March 28, 2016 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.7894 of 2016 March 28, 2016 Pn