IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6111 of 2008 Between: Smt B.Banvath Kranthi W/o.Late Banavath Chandra R/o.Government Vijayawada ..... PETITIONER AND 1 A.P.S.R.T.C Vijayawada Regional Manager Rep.by its Regional Manager 2 The Depot Manager A.P.S.R.T.C Govt of A.P Depot-II Govt o Vijayawada Krishna Dist .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction more particularly one in the nature of writ of Madnamus or any other appropriate writ declaring the action of the respondents in not considering the case of the petitioner on compassionate ground in any situate post as illegal arbitrary and violative of Article 14,16 and 21 of constitution of India and consequently direct the respondents to appoint the petitioner in any post conductor shramik or any other suitable post. Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondents: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : ORDER: The husband of the petitioner was employed as a Driver in the Governorpet II Depot of APSRTC, Vijayawada. He was removed from service on the charge that he remained unauthorizedly absent, that resulted in cancellation of services. After exhausting the departmental remedies, he filed I.D.No.57 of 2002 before the Labour Court, Guntur. While I.D. was pending, the husband of the petitioner died on 14.09.2004. Not being aware of this fact, the Labour Court proceeded to decide the I.D., and passed an award, dated 23.03.2007, directing reinstatement of the employee afresh. The petitioner made a representation, dated 10.01.2008, to the respondents, for providing appointment on compassionate grounds, as Conductor or Shramik or in any other post. Her grievance is that the respondents are not acceding to her request. Placing reliance upon a Circular, dated 05.05.2000, the petitioner seeks a direction to the respondents to appoint her on compassionate grounds. Heard Sri G.Vidyasagar, learned counsel for the petitioner, and Sri C.Prakash Reddy, learned counsel for the respondents. The Corporation introduced a scheme for appointment of the dependents of an employee, who died while in service. The scheme was consolidated through Circular, dated 05.05.2000. Not only the scheme that is prevalent in the Corporation, but also in any other organizations, contemplate that the death of the employee must have been taken place while in service. If the family of the employee is found to be in distress, employment on compassionate grounds is provided to one of the dependants, subject to fulfillment of certain conditions. In the instant case, it is not in dispute that by the time the husband of the petitioner died, he was not in service. The I.D. filed by him was, no doubt, pending. That does not bring about any change as to the factual condition. Therefore, once it is evident that the husband of the petitioner was not in service at the time of his death, the question of extending the benefit of employment on compassionate grounds to the petitioner, does not arise. The Writ Petition is accordingly dismissed. It is, however, directed that such of the benefits as are extendable to the husband of the petitioner, on his being, removed shall be paid to the petitioner, within a period of six weeks, if not already paid. There shall be no order as to costs. ____________________ Dt.25.03.2008 L.NARASIMHA REDDY, J GJ To 1 The Regional Manager A.P.S.R.T.C Vijayawada Regional Manager. 2 The Depot Manager A.P.S.R.T.C Govt of A.P Depot-II, Vijayawada, Krishna Dist. 3.2CD copies