Smt.S.Shameem, v. The Regional Manager, Apsrtc,

HON'BLE SRI JUSTICE S. RAVI KUMAR WRIT PETITION No.26337 of 2003 ORDER :

This writ petition is filed to declare action of 1st respondent in issuing proceedings dated 22.04.2003 as illegal, arbitrary, unjust and set aside the same and consequently direct respondents to consider the case of petitioner for appointment to the post of Shramik or any suitable post and pass such other orders that deems fit and proper under the circumstances of the case.

2. Advocate for petitioner submitted that in view of the ban imposed in 1998, the request of petitioner is not considered, but, subsequently through G.O.Ms.No.2, Transport, Roads and Buildings (TR.II) Department, dated 05.01.2003 the said ban is lifted, therefore, respondents may be directed to consider the request of petitioner. He further submitted that in a similar set of facts, this Court in W.P.No.38758 of passed order directing respondent-Corporation to consider the case of petitioner therein and that a similar order may be passed in this case also.

3. Advocate for respondents submitted that there are only three posts under the compassionate appointment, they are, Conductor, Driver and Shramik and there are minimum educational qualifications prescribed for these posts and petitioner has not possessed the required

qualifications for the post of Condcutor as she does not possess required qualification, therefore, she is not entitled for the relief.

4. Considering the submission of both sides and material on record, I feel that this writ petition can be disposed of by directing respondent-Corporation to consider the case of petitioner for compassionate appointment in any suitable post as per her educational qualifications and in terms of G.O.Ms.No.2, Transport, Roads and Buildings (TR.II) Department, as expeditiously as possible, preferably within three months from the date of receipt of a copy of this order.

5. Accordingly, this writ petition is disposed of.

6. Miscellaneous petitions pending, if any, shall stand closed. No costs.

__________________ S. RAVI KUMAR, J 9th December 2015 mar