THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.25988 of 2011 ORDER: The husband of the petitioner by name Srinivas was working as U.D.C in the A.P. Central Power Distribution Company Limited. He died on 19.04.2009 while in service, leaving behind him the petitioner, a daughter and two sons. The petitioner submitted an application on 13.04.2010, to the 3rd respondent with a request to appoint her on compassionate grounds. On a consideration of the application of the petitioner, the respondents and in particular, the 2nd respondent found that the petitioner is entitled to be appointed on compassionate grounds. However, it was mentioned that a sum of Rs.20,106/- was outstanding against the loan account of the husband of the petitioner and that if the petitioner submits a clearance certificate, she would be considered for appointment. The petitioner feels aggrieved by the action of the respondents. The respondents filed a counter affidavit reiterating their stand in the letter, dated 27.08.2011. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The basic facts are not in dispute. The husband of the petitioner died, while in service and to avail the benefit of the scheme, which is in vogue with the respondents, the petitioner submitted application to appoint her on compassionate grounds. In all respects, her claim was found to be acceptable. It appears that the husband of the petitioner borrowed amount from a bank, by permitting the respondents to effect deductions from the salary. By the time he died, a sum of Rs.20.106/- was outstanding. The effort of the respondents was to ensure that the said amount is cleared. The petitioner does not dispute her obligation to clear the said amount. However, she cannot be required to clear the amount as a condition precedent for being appointed. After she is appointed, deduction can be made, in case the amount is still due. Therefore, the writ petition is allowed and the respondents are directed to consider the case of the petitioner for appointment on compassionate grounds without insisting on submission of clearance certificate as mentioned in the impugned proceedings. However, the respondents shall be entitled to effect deduction of the amounts, on monthly basis, to clear the amount outstanding, three months after the petitioner is appointed. There shall be no order as to costs. __________ 21.09.2011 Note: Issue C.C. in one week. (B/o) JSU THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.25988 of 2011 Date: 21.09.2011 JSU