THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.6960 of 2004 ORDER: The father of the petitioner was employed with the District Cooperative Central Bank, East-Godavari District, the 4th respondent herein. He died on 21-09-2003, while in service. The petitioner being a dependant upon his father, submitted an application to the respondents to appoint him on compassionate grounds, against a suitable post. The case of the petitioner was not considered, in view of a circular dated 08-09-2003, issued by the Managing Director of the A.P. State Cooperative Bank Limited, the 3rd respondent. The memo was issued to the effect that the Banks are required to take austerity measures to reduce the establishment and expenditure, and in that view of the matter, it is not at all advisable to make appointments on compassionate grounds. The petitioner feels aggrieved by the memo, and challenges the same. The petitioner contends that the provision for appointment of dependants of deceased-employees on compassionate grounds was made as a result of the settlement dated 15-06-1997, arrived at between the Management of the Bank, on the one hand, and the employees’ union, on the other hand, under Section 18 of the Industrial Disputes Act, 1947 (for short ‘the I.D. Act’). Other grounds were also urged. Respondents 3 and 4 filed counter-affidavits. It is stated that the impugned memo had to be issued with a view to protect the interests of the Cooperative Central Banks. They also state that the memo is in consonance with Section 116-C of the A.P. Cooperative Societies Act, 1964. Heard Sri Siva, learned counsel for the petitioner, learned Government Pleader for Cooperation, and Sri C.V. Mohan Reddy, learned counsel for the 4th respondent. The concept of providing compassionate appointment to the dependants of the employees, who died, while in service, was evolved about few decades ago. It was not part of any statutory obligation, but was a step, evolved by the respective Governments, to rescue the families of the deceased-employees. Slowly, it has taken the shape of a regulated scheme, in various organizations. So far as the Cooperative Central Banks in the State of Andhra Pradesh are concerned, a settlement came into existence on 15-06-1997, which provided for extension of such benefits to the dependants of the employees of the Banks, who died in harness. The settlement has the statutory backing of Section 18 of the I.D. Act. This Court is relieved of the task of examining the various contentions advanced by the learned counsel for the parties, vis-à-vis the legality of the impugned memo dated 08-09-2003. Challenging that very memo, W.P.No.13024 of 2004 was filed. The writ petition was partly allowed by the learned single Judge, through judgment dated 26-11-2009. The memo was set aside, but it was directed that the making of compassionate appointments in the District Cooperative Central Banks shall be governed by G.O.Ms.No.1, Public Enterprises (PE.III) Department, dated 22-02-2008. Feeling aggrieved by the imposition of that condition, the petitioner in W.P.No.13024 of 2004, i.e. the Association of Employees, filed Writ Appeal No.86 of 2010. The writ appeal was disposed of on 03-11-2010. It was alleged that the benefit of compassionate appointment cannot be confined to the dates mentioned in G.O.Ms.No.1, dated 22-02-2008, and that the cases for appointment on compassionate grounds shall be considered, as though the memo dated 80-09-2003 never existed at all. The result is that the case of the petitioner deserves to be considered with reference to the date of submission of the application, without following any restriction, on account of the issuance of the impugned memo, dated 08-09-2003, nor can it be related to G.O.Ms.No.1, dated 22-02- 2008. Hence, the writ petition is allowed, and the impugned memo is set aside. Following the judgment in Writ Appeal No.86 of 2010, dated 03-11-2010, the 4th respondent is directed to consider the case of the petitioner, strictly in terms of the settlement dated 15-06-1997. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.20-01-2010. KO