THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 14441 of 2006 Oral order: The petitioner’s husband while working with the respondents as Driver died in harness on 07.04.2001. Pursuant to his death, she made representations to respondent No.1 stating that she studied upto 5th class and she be provided suitable employment under compassionate grounds. Respondent No.1 having considered her request, vide proceedings dated 21.09.2004, impugned in the writ petition, rejected the same, stating that she is not possessing the requisite minimum qualifications for appointment as Conductor/Shramik, inasmuch as the said posts required minimum educational qualifications of 8th class. He, however, advised her to avail the additional benefit of Rs. 1.00 lakh in lieu of compassionate employment. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The respondents - Corporation issued Circular No. PD-30/2000, dated 05.05.2000, framing Bread Winner Scheme-Recruitment of Dependants of Employees. For appointment to the posts of Shramiks, Instruction No.3, provides the following qualifications: (a) Must have passed 8th class in cases of employees died in harness from 10.05.1999. In cases of employees died in harness prior to 10.05.1999, the qualification required is “able to read and write”. (b) Must be below 30 years of age as on 1st July of the year in which recruitment is made. From a reading of the above instruction, it is clear that in respect of employees, who died prior to 10.05.1999, their dependants claiming appointment to the posts of Shramiks under the Bread Winner Scheme, should possess the qualifications of “able to read and write”, however in respect of employees, who died on and after 10.05.1999, their claiming appointment as such under the said scheme, should possess the qualifications of pass in 8th class. In the instant case, admittedly, the petitioner’s husband died on 07.04.2001, which is obviously after 10.05.1999, and therefore, having regard to the above circular instructions issued by the Corporation, the petitioner who is the dependant of the deceased employee, and who having passed only 5th class, is not entitled to be appointed as Shramik under the Bread Winner Scheme. Therefore, no exception can be taken to the impugned order passed by respondent No.1 rejecting the case of the petitioner for compassionate appointment under the Bread Winner Scheme. However, as advised by respondent No.1, vide the impugned proceedings dated 21.09.2004, the petitioner is at liberty to claim the additional monetary benefit of Rs.1.00 lakh in lieu of compassionate appointment. Hence, I deem it appropriate to dispose of the writ petition with the following directions: Respondent No.1 is directed to pay additional monetary benefit of Rs.1.00 lakh to the petitioner in lieu of compassionate appointment forthwith, as advised by him under the impugned order, forthwith. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Dated: 05th December, 2008 KSR