IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 17800 of 2009 Between: K.Prasanna Kumar, Kocheruvu, Done Mandal, Kurnool District. ..... PETITIONER AND The Superintending Engineer, Operation Circle, Central Power Distribution Company of A.P., Limited, Kurnool and others. ...RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.17800 of 2009 ORDER: This writ petition is filed seeking a declaration that the order passed by the 1st respondent-Superintending Engineer, Operation Circle, Central Power Distribution Company of A.P., Limited, Kurnool dated 13.3.2008 thereby rejecting the request of the petitioner for employment under compassionate grounds, as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as Sri.P.R.Balarami Reddy appearing for the respondents. As could be seen from the impugned order, the only ground upon which the impugned order of rejection is passed is that the scheme for employment under compassionate grounds is not applicable to the dependants of deceased contract employees. It is to be noted that the petitioner had earlier filed W.P.Nos.3333 of 2006 and 13466 of 2008 aggrieved by the action of the respondents in not considering his case for compassionate appointment on the death of his father. Both the writ petitions were decided in favour of the petitioner by orders dated 23.7.2008 and 26.6.2008 respectively. In W.P.No.3333 of 2006, it was categorically held by this Court as under:- “A contract Junior Lineman acquires the status of a Trainee, if not a superior one. The reason is that Trainee or Contract Junior Lineman is absorbed into service on verification of certain facts. In the counter affidavit, it is categorically stated that had Madaiah been alive, he would have been regularized along with others. The regularization of the co-employees of Madaiah took place one month after his death. This Court is of the view that this is a genuine instance, where the benefit of compassionate employment, deserves to be extended.” In the light of the above decision recording a clear finding with regard to the entitlement of the petitioner, it is not open to the respondents to reject his request on the ground that his deceased father was only a contract employee. Since the impugned order on the face of it runs contrary to the finding recorded by this Court, on that ground itself the same is liable to be set aside. Accordingly, the impugned order dated 13.3.2008 is hereby set aside and the writ petition is disposed of with a direction to the 1st respondent to pass orders afresh in terms of the directions of this Court in W.P.No.3333 of 2006 as expeditiously as possible, preferably within a period of four weeks from the date of receipt of this order. No costs. _______________ Justice G.Rohini Date:28.08.2009 mrb