C. Dalakhalander v. The Regional Manager,

Date: 09.09.2016 Between:

C.Dadakhalander, S/o late Md.Ismail, Aged about 21 years, Door No.13-1-478, M.G.Colony, Ananthapur Town & district.

.. Petitioner AND The Regional Manager, APSRTC, Anantapur Regional Office at Ananthapur and another.

.. Respondents The Court made the following:

ORDER:

The father of the petitioner while working as Panel Beater in 2nd respondent-Corporation, died on 04.03.2010. The death occurred while he was in service. He was survived by wife, two daughters and two sons. Petitioner is the eldest of the children of late employee. After the death of father, petitioner along with his mother submitted application for provision of appointment on compassionate grounds. Petitioner claims that his father was the sole bread winner and on account of his untimely death, the entire family was put to lot of hardship and suffering including financial constraints and unless appointment is provided, grave prejudice would be caused to them. The request of the petitioner was considered and by proceedings dated 12.07.2010, petitioner was informed that there was no immediate chance to provide job to the petitioner and his mother was offered to take additional monetary benefit of Rs.1 lakh. Challenging the same, this writ petition is filed.

2.

When the matter is taken up for consideration, learned standing counsel submits that mother and petitioner filed W.P.No.9040 of 2013 alleging that the application submitted on 26.07.2010 for providing compassionate appointment to the petitioner is not registered. The said writ petition was disposed of on 26.03.2013. In accordance with the directions issued by this Court, name of the petitioner was shown against serial no.32-A of the list of persons seeking employment. Petitioner also filed

W.P.No.31636 of 2013 praying for direction to appoint him as Shramik in pursuant to the selections conducted on 27.06.2013. He submits that said writ petition is pending consideration. 4.

Since petitioner had already instituted Writ Petition No.31636 of 2013 subsequent to the filing of this writ petition and for the reasons stated by learned standing counsel, cause in the writ petition does not survive. Writ Petition is accordingly dismissed, leaving it open to the petitioner to work out his grievance in W.P.No.31636 of 2013. It is also open to the respondent-Corporation to raise such objections as available in law against maintainability of the said writ petition. Miscellaneous petitions if any pending shall stand dismissed. No costs.

__________________________ JUSTICE P.NAVEEN RAO Date : 09.09.2016 Rds/kkm

Date: 09.09.2016 Rds/kkm