Sabeera Begum v. The Govt. Of A.P.,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.32445 OF 2010 ORDER:

1.

This Writ Petition is filed seeking to issue a writ of Mandamus by directing the respondents to appoint the petitioner's son on compassionate grounds.

2.

Heard learned counsel for the petitioner, learned Government Pleader for Transport, and learned counsel appearing on behalf of the respondents.

3.

It has been contended by the petitioner that her husband was in employment with the A.P.S.R.T.C. as driver and he has rendered more than 10 years of service. She further contends that her husband had expired, on 22.05.2008, while discharging his duties as driver. Thereafter, she has submitted a representation to consider her son's case for appointment on compassionate grounds. When the same was not considered, she got issued a legal notice, dated 19.04.2010, to the respondents. Since no action has been initiated by the respondents, she filed the present writ petition.

4.

Learned counsel for the petitioner submits that there is a preferential scheme to appoint the children of deceased employees on compassionate grounds and, the respondents are not considering the case of the petitioner's son on compassionate grounds. He contends that appropriate orders may be passed directing the respondents to consider the case of the petitioner's son for appointment on compassionate grounds.

5.

Learned counsel for the petitioner further contends that, though the AKS,J W.P. No.32445/2010 petitioner has made a claim in respect of Rs.1,00,000/- to be paid to her by the 5th respondent, this writ petition can be disposed of directing the respondents to consider the case of the petitioner's son for compassionate appointment, instead of deciding the claim of Rs.1,00,000/- made by the petitioner.

6.

Learned Standing Counsel appearing on behalf of the respondent - A.P.S.R.T.C. would contend that the case of the petitioner's son will be considered and appropriate orders would be passed in accordance with rules.

7.

This Court, having considered the rival submissions made by the parties, is of the considered view that this writ petition can be disposed of directing the petitioner to submit a fresh representation to the respondents within two (2) weeks from the date of receipt of a copy of this order and, upon such representation being received, the respondents shall consider the same and pass appropriate orders, within a period of four (4) weeks thereafter.

8.

With the above direction, the writ petition is disposed of. No order as to costs.

9.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed in consequence.

_____________________________ ABHINAND KUMAR SHAVILI, J Date: 18.12.2018.

Dsh

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AKS,J W.P. No.32445/2010 WRIT PETITION No. 32445 OF 2010 Date. 18.12.2018 DSH