THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.17681 of 2010 DATED:17.3.2011 BETWEEN Dileep Kumar …PETITIONER AND The Principal Secretary to Government, Transport, Roads &Buildings Department and others. …RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.17681 of 2005 ORDER: This writ petition is filed by the petitioner seeking for a writ of Mandamus to declare the action of the respondents in not considering the case of the petitioner for appointment on compassionate grounds in pursuance of Proc. No.E1/756(13)/09-STVD, dated 10.06.2009, on par with similar situated candidates, as illegal, unjust and arbitrary and direct the respondents to appoint the petitioner as conductor or in any suitable post. The case of the petitioner is that his father late I.M.Swamy, worked as Driver, and died in harness while working under the control of the respondents on 25.08.2007 leaving behind him, his sister, and mother. His mother made an application for consideration of his case for appointment on compassionate grounds due to sudden demise of his father, and the same was forwarded to Respondent No.1. But, the respondents failed to consider his case for appointment on compassionate grounds. He filed representation before respondent No2 on 01.08.2009, and on 10.03.2010 seeking for appointment on compassionate grounds, but the respondents failed to consider the same. That recently, by virtue of proceedings, dated 19.02.2010 one Smt Lakshmamma, whose husband died in the year 2003, was appointed, but till date the Corporation failed to consider the case of the petitioner. He has no movable or immovable properties or source of income of his livelihood. He is also ready to work even as Cleaner or Conductor, but the respondents failed to consider his case. Hence this writ petition. A counter affidavit has been filed by the respondents stating that initially the father of the petitioner was appointed as Casual Driver in the year 1987 in the respondent Corporation, and thereafter, he was regularized w.e.f. 15.02.1989. The petitioner submitted an application requesting the respondents to consider his case for appointment on compassionate grounds. There are 42 similar applications are pending in the Region under Bread Winner Scheme. As per date of birth certificate, the petitioner was aged about 20 years. But, for the post of Conductor, one must complete 21 years of age. Further, there is ban on Direct Recruitment and also the scheme of compassionate appointment. The Corporation is offering additional Monetary benefits to the dependents of the deceased employees in lieu of compassionate appointment. Therefore, the petitioner is not entitled for Additional Monetary Benefit in lieu to Employment. The allegation that the case of similar situated person is referred to by the petitioner is denied. The petitioner is being the son of employee driver, who died while working in respondents Corporation. He made representations to the respondents seeking for appointment on compassionate grounds. He raised two contentions 1) he being the son look after his mother and 2) he is entitled for appointment on compassionate grounds. Under these circumstances, the respondents are directed to consider the case of the petitioner as per policy in force and pass appropriate orders within three months from the date of receipt of copy of this order. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ______________________ Justice G.Chandraiah Date:10.2.2011 YVL THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.4667 of 2005 DATED:10.2.2011