IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3156 of 2009 Between: A.J.Hussain, E.511014, S/o.A.Jahangir Shah Hussain R/o.H.No.10/102, Chinna Masque Street, Cumbum, Prakasam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, represented by its Secretary, General Administration Department, Secretariat Buildings, Hyderabad. 2 The A.P.S.R.T.C. represented by its Managing Director, Musheerabad, Hyderabad. 3 The Regional Manager, A.P.S.R.T.C. Prakasam Region, Ongole, Prakasam District. 4 The Depot Manager, A.P.S.R.T.C. Giddalur Depot, Prakasam 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 may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not retiring the petitioner on medical invalidation and not providing compassionate appointment to his son as Cleaner/Attender/Booking Clerk/Conductor post in the light of the law laid down by the Hon'ble Supreme Court reported in 2008(11) SCALE page 294 as illegal, arbitrary and contrary to the law, consequently direct the respondents to retire the petitioner on medical invalidation and provide compassionate appointment to his son named Attar Shaik Hussain as Cleaner/Attender/Booking Clerk/Conductor as per law. Counsel for the Petitioner : MR.S.A.K.MYNUDDIN Counsel for the Respondent No.1: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent Nos.2 to 4: MR. C.PRAKASH REDDY (SC FOR APSRTC) The Court made the following : ORDER: The petitioner is a conductor in APSRTC, Giddalur Depot, Prakasam District. According to him, his left over service is 5 years 4 months. He submitted application for voluntary retirement on medical invalidation. He also submitted another application for compassionate appointment to his son. Both the applications are stated to be pending consideration. 2. When the writ petition came up for admission hearing, Sri C.Prakash Reddy, learned Standing Counsel of APSRTC, received notice on behalf of the respondents 2 to 4. 3. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents 2 to 4. 4. Two applications submitted by the petitioner are stated to be pending consideration, one is seeking permission to retire on medical invalidation and the other is seeking appointment to his son on compassionate grounds. Unless he is permitted to retire from service on medical invalidation, question of considering the authorities to provide employment to his son on compassionate grounds does not arise. 5. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondents to consider the application of the petitioner for voluntary retirement on medical invalidation and pass appropriate orders within four weeks from the date of receipt of a copy of this Order. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:18th February, 2009. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}