IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO.8399 of 2004 Between: 1. Smt. L. Naga Ratnam, W/o. Late L. Bhanu Murthy, R/o. Pondara Strest, Sompeta, Srikakulam District. 2. L. Uma Shankar S/o. Late L. Bhanu Murthy R/o. Pondara Street, Sompeta, Srikakulam District. ...PETITIONERS AND 1. Andhra Pradesh State Road Transport Corporation, Musheerabad, Hyderabad rep.by its Vice Chairman & Managing Director. 2. Region Manager, A.P.S.R.T.C., Srikakulam Region, Srikakulam. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or direction or writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondents in not providing employment to 2nd petitioner for the post of Conductor, Shramik or any other suitable post is illegal or arbitrary; and consequently provide employment to the 2nd petitioner on compassionate ground with all consequential benefits. Counsel for the Petitioners: MR.G.VIDYASAGAR Counsel for the Respondents: MR.SMT.P.RAJANI REDDY (SC FOR APSRTC) The Court made the following: THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO. 8399 of 2004 ORDER: The first petitioner is the wife of late L.Bhanu Murthy, the deceased employee of the respondent-Corporation, who died while he was working as conductor, on 15.08.1997. The second petitioner is the son of the deceased employee. The first petitioner made a representation dated 02.01.1998 to provide employment to his second son, the second petitioner herein, under compassionate grounds under Bread Winner Scheme, as there is no other earning member in the family and all the members of the deceased employee were depending upon the earning of the deceased employee only. It is not in dispute that the first petitioner made a representation to provide employment to the second petitioner, her son. Pursuant to the said representation, the second petitioner was called for an interview but he was not selected, as he was not entitled to the post of conductor. It is the case of the petitioner that the second petitioner is entitled for the post of cleaner, attender or Shramik, as the case may be, but without considering the case of the petitioner, the respondents have informed them to avail the facility of Additional Monetary Benefit in lieu of employment. This Court disposed of a similar Writ Petition being W.P.No.778 of 2004 directing the respondents to consider one of the eligible dependants of the deceased for appointment to the post of conductor or Shramik or any other suitable post under Bread Winner Scheme. In pursuant to the said direction, the respondents considered their cases for the appointment for the post of Conductor as per the seniority, as and when his turn comes, subject to the fulfillment of the Recruitment Regulations/Conditions in the future vacancies. Following the said order, the Writ Petition is disposed of directing the respondents to consider the case of the second petitioner for his appointment to the post of Shramik, cleaner or attender as the case may be, as per the seniority, as and when his turn comes, taking into consideration the date of death of his father and his application for employment in the respondent-Corporation, subject to the fulfillment of the Recruitment Regulations/Conditions in the future vacancies. With the above observations, the Writ Petition is disposed of. No order as to costs. _______________ (V.ESWARAIAH, J) 19th November 2004 RRB ASSISTANT REGISTRAR //True Copy// SECTION OFFICER Copy To: 1. The Vice Chairman & Managing Director, Andhra Pradesh State Road Transport Corporation, Musheerabad, Hyderabad. 2. The Region Manager, A.P.S.R.T.C., Srikakulam Region, Srikakulam. 3. Two CD copies.