THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO:16149 OF 2002 DATED:29.04.2011 BETWEEN: K.SUMAN …PETITIONER AND THE A.P. STATE CIVIL SUPPLIES CORPORATION & OTHERS. …RESPONDENTS. THIS COURT MADE THE FOLLOWING: THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO:16149 OF 2002 ORDER: The writ petition is filed by the petitioner seeking for a direction in the nature of writ of mandamus to declare the action of the respondents in not paying the time scale of pay as per the proceedings No:Admn/9/14/2011, dated 12.7.2002 issued by the 2nd respondent and also G.O.Ms.No:36, Public Enterprises (III) Department dated 5.9.2001 issued by the 3rd respondent as illegal, arbitrary and contrary and violative of Articles 14, 16 and 21 of the Constitution of India. The case of the petitioner as averred in the affidavit filed in support of the writ petition is that his late father K.Appala Raju worked as Attender in the office of the District Manager, State Civil Supplies Corporation Limited, Vizianagaram and died in harness on 12.8.2001 leaving behind him his mother, himself and his younger brother. He studied up to Intermediate and submitted an application seeking employment on compassionate grounds. Respondents-1 and 2 refused to provide the compassionate appointment on the ground that the scheme of compassionate appointment to the dependents of the deceased employees in the State Level Public Enterprises was disposed with as per G.O.Ms.No:36, dated 5.9.2001. The further case of the petitioner is that his mother made an application, which was followed by his application dated 1.7.2002 requesting to consider his case sympathetically and the 2nd respondent by proceedings dated 12.7.2002 rejected his application on the ground that in view of G.O.Ms.No:36, dated 5.9.2001, he is not entitled for employment on compassionate grounds and that he is entitled only for ex gratia of Rs.50,000/-. Hence, the present writ petition is filed. Heard. It is brought to the notice of this Court by the learned counsel for the petitioner that as per G.O.Ms.No:4, Public Enterprises (III) Department, dated 16.6.2010, the dependents of the deceased employees are entitled to the scheme of compassionate appointment by way of amendment to G.O.Ms.No:1, PE (III), dated 22.2.2008. It is relevant to go through G.O.Ms.No:4, dated 16.6.2010 which reads as under: “Under G.O.Ms.No:1, PE (III) Department, dated 22.2.2008, orders were issued restoring compassionate appointments in S.L.P.Es and Cooperatives prospectively i.e., w.e.f the date of issue of the G.O. The cases pertaining to earlier period prior to issue of the G.O are to be dealt in accordance with orders issued in G.O.Ms.NO:36, PE (III) Department dated 5.9.2001. The compassionate appointments are therefore governed as per orders communicated in the reference cited. As per the existing orders in force, the dependents of the employees dying while in service get ex gratia if they are not eligible for compassionate appointment. If the dependent family member is eligible for compassionate appointment then the appointment is considered based on the availability of vacancy and fulfillment of eligibility criteria. In such a case, no ex gratia amount is payable to the dependent. However, certain representations have been made by come of the dependents of the deceased employees seeking payment of ex gratia amount instead of compassionate appointment due to their own personal reasons, even though they are eligible for compassionate appointment as per Rules. However, as per the present Rule position in the matter, the above representations are not feasible for consideration by the Government. In order to rectify this anomaly, the Government decided to make a provision, where the dependent if eligible for compassionate appointment can either choose to get ex tratia amount of employment under compassionate appointment as the same is considered fair and just and as not all dependents may seek employment and may be satisfied by getting the ex gratia amount due to their own personal reasons. The Government after careful examination of the matter decided to issue the following amendment to the orders issued in the reference cited as under: The dependents of the deceased employees dying in harness who are eligible for compassionate employment as per the terms and conditions in G.O.Ms.No:1, PE (III) dated 22.2.2008 have a choice either to accept the compassionate employment offered to them as per the eligibility in the same organization where the deceased employee has worked or to take the ex gratia amount as stipulated in the Government orders in force as per eligibility. The choice once exercised by them will be final and no representations later on shall be entertained by Government for any change under any circumstances. These orders shall come into force with immediate effect. Government also directs that the earlier cases pending shall not be entertained under any circumstances and all the earlier cases pending may be processed as per orders issued in G.O.Ms.No:36, Public Enterprises (III) Department dated 5.9.2001 as far as granting of ex gratia is concerned as per eligibility.” The above G.O makes it clear that an option is given to the dependents of the deceased family either to opt for the ex gratia or to opt for the employment subject to the eligibility. At this stage, the learned counsel for the petitioner would submit that the request of the petitioner may be considered in terms of G.O.Ms.No:4, dated 16.6.2010. The fact that remains undisputed is that the petitioner is neither provided with employment nor paid any ex gratia so far. In that view of the matter, the order impugned is set aside and the respondents are directed to re consider the case of the petitioner in terms of the G.Os that are applicable to him within a period of two (2) months from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed. No order as to costs. _________________ Justice G.Chandraiah. Date:29.04.2011 Note:CC in one Week (BO) Gurc. THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO:16149 of 2002 DATED:29.04.2011