IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 2308 of 2004 Between: A. Srinivas, S/o late A. Rajalingam R/o H. No. 5-21, Nalloor Village, Balkonda Mandal, Nizamabad District ..... PETITIONER AND 1 The APGENCO repby Chairman and Managing Director Vidyut Soudha, Hyderabad 2 The Exexutive Director (HR) APGEMCO., Vidyut Soudha, Hyderabad 3 The Deputy Secretary (Personnel) APGENCO, Vidyut Soudha, Hyderabad, 4 The Divisional Engineer (Electrical) Operation and Maintenance Division Hydro Power and Maintenance Division Hydro Fower Station, APGENCO Pochampadu, Nizamabad District .....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, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondents in not providing appointment to the petitioner on compassionate grounds in spite of report submitted by the 4th respondent vide his letter No. DEE/O&M/FHPS/Adm/D. No. 316/2002, dt 5-8-2003 while providing compassionate appointment to similarly situated persons as highly illegal, arbitrary and violative of Art. 14 of the Constitution of India and also contrary to the Judgment of this Hon'ble Court made in WA No. 657/99, dt 1-12-99 and consequently direct the respondents to provide appointment to the petitioner on compassionate grounds in the light of judgment made in WA No. 657/99, dt 1-12-99 of this Hon'ble Court with all attendant benefits Counsel for the Petitioner:MR.EATHAKOTA VENKATA RAO Counsel for the Respondent No.: SMT.K.SESHARAJYAM The Court made the following : ORDER: The petitioner being a son of a contract labour, who worked against 33 prohibited categories of employment and expired during the course of employment after putting 12 years of service, filed this writ petition seeking for issue of Writ of Mandamus directing the respondents to appoint the petitioner on compassionate grounds in terms of the judgment of this Court dated 01-12-1999 passed in W.A. No.657 of 1999. The case of the petitioner is that he belongs to S.C. Community and qualified in SSC and ITI (Diesel Mechanic) and qualified for employment. His father namely A. Rajalingam had worked in the erstwhile APSEB from June, 1985 as a contract labour in the position of pump operator at Hydro Power Station, Pochampad and died in harness during the course of employment on 08-08-1997. The Government issued G.O. Ms. No.41 dated 23-09-1996 under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 prohibiting the contract labour system in 33 categories of employments and for absorption of the contract labours in the regular employment. Pursuant to the same, the respondents issued BPMS. No.260 dated 19-12-1997 for absorption of the contract labours engaged against 33 prohibited categories and under BPMS. No.272 dated 31-12-1997 the Board stipulated guidelines for absorption under BPMS. No.326 dated 14-03-1998 the Board created 494 posts of JPA and 2985 posts of Majdoor for absorbing the contract labour under 33 prohibited categories who are on the roles of employment as on 23-09-1996. The respondent Board initiated the action for absorbing the contract labour. When the said action was in process, the father of the petitioner expired on 08-08-1997. On 12-08-1997 the contract workers Union made a representation to the Divisional Engineer on behalf of the petitioner for providing the employment on compassionate grounds. On 16-08-1997 the Divisional Engineer addressed the Superintendent Engineer seeking the permission for absorbing the member of the deceased family on compassionate grounds. On 30-03-1997 the Divisional Engineer prepared a list showing the contract labour worked at Hydro Power Station, Pochampad in which the name of the petitioner’s father is shown at serial No.10. The petitioner also filed the family members certificate dated 30-03-1998 issued by the Mandal Revenue Officer, Balakonda and the petitioner is the elder son of the deceased employ, in addition to a daughter aged about 19 and a son aged about 18. The mother of the petitioner also filed a representation dated 09-01-2003 to the Divisional Engineer for providing the employment on compassionate grounds. On 05-02-2003 the Divisional Engineer addressed the Deputy Secretary Personnel APGENCO for considering the employment on compassionate grounds. On 07-06-2003 the Deputy Secretary (Personnel) called the report from the Divisional Engineer on the subject for taking necessary action but nothing was happened. Therefore, the petitioner filed this writ petition. It is also the case of the petitioner that in a judgment dated 01-12-1999 passed in W.A. No.657 of 1999 this Court held that the legal heirs of the deceased employees died during the course of employment are entitled to be considered for appointment on compassionate grounds and the petitioner is entitled to be considered for appointment in terms of the said judgment. The operative portion of the judgment dated 01-12-1999 passed in W.A. No.657 of 1999 reads as under: “In the result, we dispose of the writ appeal with the following directions: ( 1) Respondents 2 and 3 or other competent authority should interview the appellants, collect the necessary documents available with them and examine the question of entitlement of the appellants’ husbands for regular absorption in A.P.S.E.B. in the light of the relevant criteria and the material available. If there is any doubt, necessary further verification should be made to crosscheck the information with the records available in the concerned unit and / or with the contractors. We make it clear that while causing verification in the instant cases, no different standards than those applied to workmen absorbed shall be applied. On the other hand, in view of the demise of the appellants’ husbands, it is a case in which more liberal approach is called for while scrutinizing their cases. 2. If the husbands of the appellants were working with the contractors on 23.9.1996 in one of the prohibited categories of employment, compassionate appointments shall be offered to the appellants. 3. We record the statement of the learned standing counsel that if the contract labourers concerned were working almost continuously during the month of September 1996, their mere absence on 23.9.1996 is not being taken seriously by the respondents for the purpose of considering their cases for regularization. 4. The appellants’ counsel shall furnish the full and latest addresses of the appellants to the standing counsel for A.P.S.E.B. within three days. The writ appeal is disposed of accordingly. No costs.” There is no dispute with regard to the factual position with regard to the status of the father of the petitioner who worked as a contract labour against 33 prohibited categories and he was on the rolls of employment as on 23-09-1996 and died in harness during the course of employment on 08-08-1997 during the process of action of absorption in the regular employment of the respondents and the status of the petitioner that he is the legal heir of the deceased employee and his request is pending consideration with the respondents. As per the judgment dated 01-12-1999 passed in W.A. No.657 of 1999 of this Court the legal heirs of the contract labour are entitled to be considered for appointment on compassionate grounds. Having regard to the facts and circumstances of the case and after hearing the learned counsel appearing for either side this writ petition is disposed of directing the respondents to consider the case of the petitioner for appointment on compassionate grounds in terms of the judgment dated 01-12-1999 passed in W.A. No.657 of 1999 within a period of two months, from the date of receipt of a copy of this order. There shall be no order as to costs. ______________________ JUSTICE G. CHANDRAIAH Date: 05-08-2008 LSK