IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 16548 of 1997 Between: Smt.G.Lalitha W/o late Shir G.C.Shekhar E.302980, R/o Nirmal District, Adilabad. ..... PETITIONER AND 1 The Chairman & Managing Director, A.P.S.R.T.C.,Musheerabad Depot, Hyderabad. 2 Regional Manager,A.P.S.R.T.C., Adilabad. 3 The Depot Manager,Mancherial Depot., APSRTC,Adilabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or odrer or orders especially one in the nature of Mandamus; i)declaring the action of the respondnet in not providing her any employement in the respondent Corporation as illegal & Arbirrary; ii) direct the respondnet authorities to provide an employment to the petitioner in the respondnetr Corporation forthwith ;& iii) pass any such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.VASUDEVA REDDY Counsel for the Respondent No.: MR.SMT.P.RAJANI REDDY (SC FOR APSRTC) The Court made the following : ORDER: Heard the learned counsel on either side and perused the material on record. This writ petition has been filed seeking to issue a Writ of Mandamus declaring the action of the respondents in not providing any employment to the petitioner in the respondent’s Corporation as illegal and arbitrary and consequently direct the respondents to provide an employment to the petitioner in the Corporation forthwith. The petitioner is the wife of G.C. Shekhar, who died on 28-02-1996. The case of the petitioner is that her husband was working in the respondents’ Corporation as a driver in Mancherial depot of Adilabad district. As a result of sudden demise of her husband, she and her daughter left with no source of livelihood. In these circumstances, she made a representation dated 22-03-1996 requesting the respondent authorities to provide employment and the same was forwarded by the 3rd respondent, Depot Manager, to the 2nd respondent, Regional Manager, vide proceedings dated 25-03-1996 and so far no employment was provided. Assailing the same, the petitioner has come up with this writ petition. Learned standing counsel appearing for the Corporation filed counter, inter alia, submitted that the petitioner is an illiterate and she was advised to claim the additional monetary benefit in lieu of employment vide letter dated 24-03-1998. It is also submitted that the dependants of the deceased employees can be accommodated in productive posts like conductor and driver and no posts like Attender, Sweeper and etc., in the absence of vacancy and sanctioned post. The Corporation has imposed ban on recruitment in the cadre of Attender, Sweeper etc. He further submitted that the petitioner submitted an application on 15-04-1998 for additional monetary benefits in lieu of employment and she does not require employment. During the course of hearing, the learned standing counsel appearing for the Corporation placed a file containing representation dated 15-04-1998 of the petitioner wherein the petitioner sought for additional monetary benefits in lieu of the employment. Learned standing counsel also submitted that though in response to the representation dated 15-04-1998 the file was processed for granting monetary benefits, no final action has been taken. Admittedly, the petitioner has not been provided with any employment nor paid any monetary, benefit in lieu of employment, so far, and she is entitled to the benefit either employment or monetary benefit. Having regard to the facts and circumstances of the case, this writ petition can be disposed of directing the respondents Corporation to consider the case of the petitioner. Accordingly, the Writ Petition is disposed of directing the respondents’ Corporation to consider the case of the petitioner either providing employment or monetary benefit and pass appropriate orders on the representation dated 15-04-1998, made by the petitioner, in accordance with law, within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH Date: 30-06-2008 LSK