THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No. 7014 OF 2010 ORDER: In view of the submissions made at the Bar on either side that a Division Bench of this court which dealt with Writ Appeal No. 86 of 2010 through its judgment dated 3.11.2010, has disposed of the said appeal in the following terms: “It is true that under the orders issued in G.O. Ms. No.1, dated 22.2.2008, the compassionate appointments scheme was restored in the State Level Public Enterprises and Cooperatives with prospective effect from the date of issuance of the orders in the matter, on certain conditions and that it was directed therein that the earlier cases should not be entertained and all such cases were directed to be processed as per the orders issued in G.O. Ms. No. 36, dated 5.9.2001 by granting ex gratia. But in the light of the said binding statutory settlement as noticed above and the interdiction of appointments by virtue of the circulars dated 8.09.2003 and 18.06.2004, which were suspended pending the writ petition and ultimately declared as unsustainable, the fetters placed by the orders issued in G.O. Ms. No.1, dated 22.02.2008 making it applicable prospectively, in our considered opinion, is not sustainable as it would result in deprivation of employment of those dependents of the deceased, who died in harness and who were otherwise eligible, and cause injustice to them. We therefore, deem it just and appropriate to modify the orders in the writ petition to the extent the order has restricted from consideration of the cases of those dependents of the employees of the District Cooperative Central Bank, who died on or after 23.02.2007 only, and hold that all those dependents who would have applied but for the impugned circulars, should be eligible for consideration for appointment on compassionate grounds. We, however, make it clear that those who have already availed ex gratia as per the order issued in G.O. Ms. No. 36, dated 5.9.2001, are not eligible for consideration.” Since the issue raised in this writ petition is on all fours with the above ratio, it is appropriate that the present writ petition is also disposed of in the above terms. The appropriate orders for re-consideration be communicated to the writ petitioners by the respondents within a maximum period of three months from the date of receipt of this order. --------------------------------- Nooty Ramamohana Rao, J knk 20th December 2010