IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE EIGTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.15954 of 2002 Between: J.Y.Kamble … Petitioner And The Divisional Security Commissioner, Railway Protection Force, South Central Railway, Hubli, Division, Hubli, Karnataka State. … Respondent THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.15954 of 2002 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the action of the respondent in not considering the representation dated Nil-01-2001 of the petitioner for grant of compassionate allowance, as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and consequently direct the respondent to consider the representation dated Nil-01-2001 of the petitioner. The case of the petitioner, in brief, is that he was appointed as Constable on 25.08.1977. While he was working at Kolhapur, he fell sick on 06.09.1986 and he took treatment in a private hospital up to 05.10.1986. While taking treatment, he received instructions on 01.10.1986 from the department and he joined duty on 06.10.1986, after discharging from the hospital. While things stood thus, charge sheet dated 12.11.1986 was issued to the petitioner and after conducting enquiry, show cause notice dated 11.03.1987 was issued, proposing the punishment of removal from service. As he could not recovered fully from illness, he did not give his explanation within the time. Therefore, he was removed from service vide Divisional Order dated 02.04.1987 with effect from 11.04.1987 and the same was confirmed vide order dated 26.09.1989. As there is a circular No.145, dated 01.12.1995, where under even removed employees are given compassionate allowance by the competent authorities in the deserving cases as per Rule 65 of the Railway Pension Rules, 1993, he submitted a representation dated Nil-01-2001 to the 1st respondent and thereafter a legal notice dated 27.12.2001 was got issued. Questioning inaction on the part of the respondent in considering the representation dated Nil-01-2001 and legal notice dated 27.12.2001, the present writ petition has been filed. Along with the writ petition, the petitioner filed WPMP. No.20022 of 2002 seeking a direction to the respondent to consider the representation dated Nil-01-2001 of the petitioner for grant of compassionate allowance, pending disposal of the writ petition. This Court on 26.08.2002, while issuing Rule nisi, directed the respondent to dispose of the representation of the petitioner dated Nil-01.2001 within four weeks. Thereafter, the petitioner filed an affidavit in WPMP. No.40037 of 2010, seeking to amend the writ prayer, stating that pursuant to the direction given by this Court on 26.08.2002, the 1st respondent considered and rejected his claim and aggrieved by which, he preferred an appeal to the 2nd respondent, who is impleaded vide WPMP. No.40036 of 2010, on 30.10.2002 and reminder dated 15.04.2003 and also got issued a legal notice dated 07.12.2003 but no orders have been passed by the 2nd respondent. Heard the learned counsel for the petitioner and the learned standing counsel Sri Gouri Shankar Sanghi and perused the material on record. The petitioner stated to have preferred an appeal to the 2nd respondent and the same is still pending on his file. Therefore, I deem it appropriate to direct the 2nd respondent to pass appropriate orders in the appeal, stated to have been preferred by the petitioner, if not already passed. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, the 2nd respondent is directed to consider the appeal, stated to have been preferred by the petitioner, and pass appropriate orders, if not already passed, in accordance with law, within a period of four weeks, from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. There shall be no order as to costs. ________________________ JUSTICE G.CHANDRAIAH Date: 08.02.2011 LSK