IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3486 of 2006 Between: A. Sunil Kumar ..... Petitioner AND Andhra Pradesh State Road Transport Corporation, Musheerabad, Hyderabad, Rep., by its Vice Chairman & Managing Director & another. .....Respondents Counsel for the petitioner : Sri G. Vidyasagar This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3486 of 2009 ORDER:- This writ petition is filed for a Writ of Mandamus to declare the action of the respondents in not providing employment to the petitioner on compassionate ground to the post of Conductor, Cleaner, Shramik or any other suitable post in respondent No.1 Corporation (for short, ‘the Corporation’), as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India. Heard the learned counsel for the petitioner, the learned Standing counsel for the respondents and perused the record. The father of the petitioner was a Conductor of the Corporation. He died in harness on 14.06.2003. Initially, the mother of the petitioner made a representation to the respondents for providing compassionate appointment to the petitioner under bread-winner scheme in the year 2004. The same was returned with the advice to submit an application in prescribed proforma through Depot Manager, Palasa. The petitioner accordingly submitted his application on 14.06.2006. As the petitioner has not been provided with the employment, he filed the present writ petition. In the counter-affidavit filed by the Law Officer of the Corporation, it is inter alia stated that as per the bread winner scheme providing employment on compassionate ground in respect of the deaths occurred on or after 09.01.2002 the dependents of the deceased employees must be above 21 years of age and must have passed SSC or equivalent examination. The respondents have averred that the father of the petitioner expired on 14.06.2003 and the person, who seeks the benefit of compassionate appointment, should complete the age of 21 years within three years of the death of the employee. It is further averred that as per the date of birth shown in the petitioner’s SSC certificate, he was born on 15.12.1986 and as on 01.07.2006 by which time three years expired from the date of the death of the petitioner’s father he was only aged 19 years 6 months and 16 days and therefore the petitioner is not eligible for compassionate appointment as per the scheme in force. No reply affidavit is filed controverting the abovementioned averments. As the petitioner has not completed 21 years of age at the relevant time, he is not entitled to the benefit of the abovementioned scheme. However, in view of the concession made by the respondents in paragraph 8 of the counter-affidavit that the spouse of the deceased is entitled to avail the additional monetary benefit in lieu of employment, the respondents are directed to consider payment of the said benefit to the mother of the petitioner within a period of six weeks from the date of receipt of a copy of this order. Subject to the above directions, the writ petition is dismissed. As a sequel to dismissal of the writ petition, WPMP.No.4331 of 2006 filed by the petitioner for interim relief is also dismissed. _____________________________ C.V. NAGARJUNA REDDY, J Date: 27.04.2009 ES