IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7095 OF 2001 Date:02-12-2010 Between:- K.Laxmi Bai and another .. Petitioners And The Vice Chairman, A.P.S.R.T.C., R.T.C. Administrative Building, Musheerabad, Hyderabad and others. .. Respondents ORDER:- The petitioners are the widow and son of late K.Narsing Rao, a Conductor in the Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C.), who died in harness on 31-07-1987. 2. It is the case of the widow that she immediately applied for compassionate appointment under application dated 03.10.1987 but no action was taken thereupon by the A.P.S.R.T.C. The material placed on record demonstrates that the widow renewed her request for compassionate appointment under applications dated 23.07.1989 and 13.10.1992. She also made representations in this regard followed up by a legal notice on 08.03.2001. The son also made an application on 05.03.2001 seeking compassionate appointment. The entreaties of the petitioners fell on deaf ears as the A.P.S.R.T.C remained impervious. The petitioners therefore filed the present writ petition assailing the action of the A.P.S.R.T.C in not considering their case for providing compassionate appointment and seeking a consequential direction to do so. 3. The indifference displayed by the A.P.S.R.T.C continues as is evident from the fact that it did not choose to file a counter affidavit in this writ petition. 4. Sri S.A.K.Mynoddin, learned counsel for the petitioners, relied on the circular of the A.P.S.R.T.C bearing No.PD-111/1985 dated 13-09-1985 and pointed out that at the time of the death of K.Narsing Rao, the policy obtaining there under held the field. As per the said circular, monetary benefit was to be provided to the spouse and / or children of the deceased employee in the event employment was not provided to them on compassionate grounds. A lumpsum amount of Rs.25,000/- irrespective of the length of service was to be paid towards this benefit. 5. It is submitted by the learned counsel for the A.P.S.R.T.C that the status of the conductor, K.Narsing Rao, is not clear from the affidavit and therefore, his entitlement to claim the benefit under the above circular is doubtful. This contention is devoid of merit as Sri S.A.K.Mynoddin, learned counsel, produced the office order dated 20-09-1974 issued by the A.P.S.R.T.C through its District Manager, Ranigunj evidencing that K.Narsing Rao was appointed thereunder on a time scale. Needless to say, the appointment under the above proceeding could not have been continued in a temporary status till his death in the year 1987. This aspect is also clarified by the service certificate issued by the A.P.S.R.T.C on 15-10-1987 through its Depot Manager, Mehdipatnam Depot stating to the effect that K.Narasing Rao, E.No.49488, worked as a Conductor in the organization from 21-09-1974 to 30-07-1987 and that he expired on 31-07-1987. Pertinent to note, this certificate does not indicate that K.Narsing Rao was a temporary employee and reveals that he was allotted an ‘Employee Number’, which would not be the case if he was a temporary employee. 6. That being so, the action of the A.P.S.R.T.C in neither providing compassionate employment nor extending the monetary benefit to the petitioners inspite of the circular dated 13-09-1985 cannot be countenanced. 7. Sri S.A.K.Mynoddin, learned counsel, placed reliance on the judgment of a learned Judge of this Court in W.P.No.776 of 2000. A copy of the order dated 05-09-2000 passed in the said writ petition is placed before the Court and indicates that it arose out of a similar fact situation. The learned Judge held therein that the legal representatives of the deceased employee in that case were deprived of their legitimate right to get the monetary benefit through no fault on their part and directed payment of the additional monetary benefit along with interest. 8. It is stated by the learned counsel that the additional monetary benefit payable to the spouse/children of the deceased employee who have not provided compassionate employment has now been enhanced to Rs.1,00,000/-. As the petitioners in the present case were denied the benefit of the circular dated 13-09-1985 through the continued inaction on the part of the A.P.S.R.T.C., they would be entitled to the enhanced additional monetary benefit presently obtaining, in lieu of compassionate appointment. 9. The A.P.S.R.T.C is accordingly directed to remit the sum of Rs.1,00,000/- (Rupees one lakh only) to the petitioners towards additional monetary benefit in lieu of compassionate appointment within four (4) weeks from the date of receipt of a copy of this order. 10. The writ petition is accordingly disposed of with the above direction. There shall be no order as to costs. _______________ SANJAY KUMAR, J 2nd December 2010. AMD