THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.17277 of 1997 DATED: 28-2-2007 Between: K.Kamalamma … Petitioner. And The Managing Director, APSRTC, Musheerabad, Hyderabad. And another. … Respondents. THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.17277 of 1997 ORDER: This writ petition is filed for appropriate directions to the respondents to appoint the petitioner as Sweeper on compassionate grounds in terms of Circular No.PD-1/94 dated 6.1.1994. The petitioner’s husband, an employee in Kadapa depot died on 12.5.1988 while in service. Though the petitioner made several representations starting from 12.12.1998, she was not provided with compassionate appointment envisaged in circular No.CC2/471/93- Dy.M(P) CC, dated 6.1.1994. The petitioner therefore approaches this Court by way of present writ petition. Sri M.Narayana, Chief Law Officer, APSRTC, Musheerabad filed counter affidavit. Paras-3 and 4 of the counter affidavit are extracted as hereunder: “ Adverting to the allegations made in paras-2 to 4 of the petitioner’s affidavit, it is submitted that the petitioner’s husband late K.Krishnaiah while working as driver in Cuddapah depot died on 12.5.1988. Consequent upon the sudden demise of the workman the amounts due under various schemes, i.e., GPF, EDLIF, SBT, Salary Bill, GPF final gratuity including additional monetary benefit in lieu of employment under Bread Winner scheme was paid to the petitioner in the year 1988 on different dates which are as follows: S.No. Name of Scheme Amount Settled DD/Cheque No. & Date Date of Payment. 1. GPF Rs.21,013 045002, Dt. 21.9.1988 30.9.1988 EDLIF Rs.10,500 188125, Dt. 19.9.1988 30.9.1988 3. SBT Rs.21,860 0832565 Dt.19.9.88 30.9.1988 4. Salary Bill Rs.1,430 0786282, Dt.29.4.88 30.9.1988 5. GPF Final Rs.507 08504332, Dt.18.7.90 30.8.90 6. Gratuity Rs.10,822 767285, DT.1.8.88 8.8.1988 7. Addl. Monetary Benefit Fund Rs.23,658 293012, Dt.31.1.89 27.10.97 The petitioner having opted to receive Additional Monetary benefit Fund of Rs.23,658/- in lieu of appointment as early as on 31.7.1989 which was deposited in the credit society and have been receiving monthly interest of Rs.354/- till 31.8.1997 and finally withdrawn Rs.23,658/- on 27.10.1997 after maturity is estopped from raising a plea after 10 years that her plea was not considered for appointment under Bread Winner Scheme. The petitioner has no right or claim to ask for employment and accordingly her case could not be considered and as such there is no arbitrariness or illegality on the part of the Corporation.” In view of the submissions contained in the counter affidavit th petitioner opted to receive additional monetary benefit fund of Rs.23 and has in fact withdrawn on 27.10.1997, i.e., after filing of the writ pe and the further fact that this averment contained in the counter affidavit controverted by the petitioner by filing any reply affidavit, I see no reas grant any relief to the petitioner. The writ petition is therefore, dismissed. No order as to costs. __________________________ C.V.NAGARJUNA REDDY,J Date:28.02.2007 mdaa