HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9505 of 2008 Date: November 01, 2010 Between: G. Jagadeesh. … Petitioner And 1. The Andhra Pradesh Transmission Corporation Ltd., rep. by its Managing Director, Vidyut Soudha, Hyderabad and 2 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9505 of 2008 ORDER: The petitioner’s father died on 17.4.2004 while in the service of the Central Power Distribution Company of Andhra Pradesh Limited (APCPDCL). The petitioner made an application to the APCPDCL on 28.12.2004 seeking employment on compassionate grounds. His request was rejected under proceedings dated 19.02.2005, whereby the APCPDCL informed him that he was not eligible for appointment on compassionate grounds, as he was a minor when his father died and would not complete 18 years of age even after allowing him two years relaxation as per Memo dated 21.02.1991. The petitioner admittedly attained the age of 18 years only in August 2006 i.e., 2 years 4 months after the date of death of his father. 2. Sri B. Sesibhushan Rao, learned counsel for the petitioner, however placed reliance on B.P.Rt.No.36 dated 08.5.1996, issued by the erstwhile Andhra Pradesh State Electricity Board, whereby powers were delegated to the authority concerned to grant relaxation in hard cases in so far as the condition relating to age for entry into last grade service is concerned. A copy of B.P.Rt.No.36 dated 08.5.1996 is placed before me which reflects that while referring to the Memo dated 21.02.1991 on the basis of which the petitioner’s request for compassionate appointment was turned down, the erstwhile Board took into account the fact that the Government provided for relaxation of the condition relating to the age for entry into the last grade service or in the stipulated time limit of two years for application in the case of minor dependants of deceased employees in hard cases where such relaxation would be called for treating them as deserving cases. This scheme was adopted by the erstwhile Board under B.P.Rt.No.36 dated 08.5.1996. 3. Needless to state, once the Memo dated 21.02.1991 was adopted by the APCPDCL as is evident from the impugned proceedings dated 19.02.2005, the clarification issued in connection therewith being B.P.Rt.No.36 dated 08.5.1996 would also be equally applicable. Therefore, it is for the APCPDCL to consider as to in which case relaxation is called for in terms of the said B.P.Rt. The APCPDCL’s proceedings dated 19.2.2005 reflect that the petitioner’s case was not considered in the light of B.P.Rt.No.36 dated 08.5.1996. The petitioner fell short of eligibility only by 4 months and he claims that his family is still continuing to face dire financial constraints warranting grant of relaxation to him as per the above B.P.Rt. Though in the normal circumstances, the petitioner would not be permitted to maintain a claim for compassionate appointment so many years after his father’s death, the irrefutable fact that his case was not considered at the relevant time in accordance with the applicable norms warrants interference by this Court at least now and the lapse of time cannot be held against him. 4. Without expressing any opinion on merits, the writ petition is disposed of directing the APCPDCL to now consider the case of the petitioner in terms of B.P.Rt.No.36 dated 08.5.1996, so as to ascertain whether it is a deserving case for relaxation of the condition pertaining to the age requirement prescribed in the Memo dated 21.02.1991. It shall be open to the petitioner to make a fresh application in this regard duly supporting the same with necessary material to substantiate that he deserves such relaxation. The petitioner shall make such application within two weeks from the date of receipt of a copy of this order and the APCPDCL shall take necessary action thereupon in accordance with this order within one month from the date of receipt of such application with supporting material. There shall be no order as to costs. ___________________ SANJAY KUMAR, J Date: November 01, 2010. BSB