THE HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.12648 of 1999 ORDER: In this writ petition the petitioner seeks direction by way of Mandamus to direct the respondents to appoint him on compassionate grounds to any suitable post in the respondent organization viz., A.P. TRASCO. 2. The father of the petitioner was working as Helper in the erstwhile APSEB. He joined in the service in the year 1972. After completing about 18 years of service, he died while he was in service on 01-02- 1991. Immediately thereafter, the mother of the petitioner made an application on 21-06-1991 to furnish the service certificate of her husband. On the application submitted by the petitioner, service certificate was issued only on 01-05-1993. Thereafter, the petitioner submitted an application to Mandal Revenue Officer and obtained Legal Heir Certificate and the mother of the petitioner submitted application on 26-05-1993 to consider the case of the petitioner for employment. The mother of the petitioner has submitted further application on 15-09-1995 to consider for providing employment to his son - petitioner herein. When there is no response, he has also moved the Deputy Commissioner of Labour, who has recorded minutes dated 09-04-1999 stating that since the management is not agreeing for appointment, seek redressal before the appropriate authority. Thereafter, petitioner filed the present Writ Petition in the year 1999. 3. In the counter-affidavit filed on behalf of the respondents it is stated that the father of the petitioner by name Shivaram was appointed on 01- 11-1972 as an Helper in the office of the Executive Engineer, T.S., Erragadda of erstwhile APSEB. It is admitted in the counter-affidavit that Smt.Shakuntala Bai, wife of the employee, submitted application on 21- 06-1991 to issue service certificate and the same was issued on 01-05- 1993. It is stated in the counter that as much as no application is filed within a period of one year from the date of death, the application of the petitioner is not processed. 4. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. 5. In this Writ Petition, on perusal of the series of events from the date of death of the father of the petitioner, it shows that the wife of the deceased employee, who is the mother of the petitioner and the petitioner approached one authority or the other seeking directions for compassionate appointment. It is also not in dispute that the father of the petitioner died on 01-02-1991 and within a period of five months, mother of the petitioner submitted an application on 21-06-1991 seeking service certificate of the deceased employee. There was abnormal delay in issuing service certificate from the respondent management and service certificate was issued only on 01-05-1993. Thereafter, legal heir certificate was obtained by the petitioner on 17-05-1993 and application was submitted on 26-05-1993. Though it is the case of the respondent that the application was to be made within one year, but in this case it is to be noticed that the service certificate itself was issued to the petitioner’s mother only on 01-05-1993, though application was made on 21-06-1991. As much as the very service certificate was issued belatedly, after expiry of one year, it appears the petitioner could not submit his application for employment within one year from the date of death of his father. As much as it is also stated in the counter-affidavit that the respondents are not processed the application itself and no orders are passed, this Court is of the view that it is a fit case to direct the respondent management to consider the case of the petitioner and to pass appropriate orders. 6. For the aforesaid reasons, there shall be a direction to the respondents to consider the case of the petitioner for passing appropriate orders for providing employment by considering his representation dated 26-05-1993 and further representation dated 13- 09-1995 for providing appointment on compassionate grounds in any suitable post by considering his case as per the scheme which is in force and to pass appropriate orders within a period of two months from the date of receipt of a copy of this order. While passing such orders, respondents shall keep in view the date on which the petitioner submitted application for service certificate and date on which service certificate was furnished, before making application for compassionate appointment. 7. Subject to above direction, Writ Petition is disposed of. No order as to costs. ___________________ R.SUBHASH REDDY, J. 26th February, 2009. skmr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 12648 of 1999 Between: Sanjay, S/o Late Sri Shivaram, R/o 6-1-375, C.I.B. Quarters, Khairatabad, Hyderabad-4. ..... PETITIONER AND 1 The Chairman & Managing Director, A.P. TRANSCO, Hyderabad. 2 The Superintending Engineer (Operation), North, A.P.TRANSCO, Hyderabad. .....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 a writ, or order or direction more particularly one in the nature of Writ of Mandamus declaring that Iam entitled to be appointed on Compassionate Grounds in the Respondents Corporation and further declare that rejection of my claim on the ground that the application was made on 26-5-1993 is illegal, arbitrary and voilative Under Article 14, 16 & 21 of Constitution of India, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.SHAIK JILANI Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following :