IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 27443 of 2008 Between: 1 Lakshmi Bai, W/o. Late Balaiah, R/o. H.No.4-58/1, Maruthi Nagar, Ward No.4, Bathpalli Village, Sirpukagaz Nagar, Adilabad District. 2 Hari Nivas, S/o. Late Balaiah, R/o. H.No.4-58/1, Maruthi Nagar, Ward No.4, Bathpalli Village, Sirpukagaz Nagar, Adilabad District. ..... PETITIONER(S) AND 1 APSRTC., Rep by its Regional Manager, Adilabad Region, Adilabad District. 2 APSRTC., Rep by its Depot Manager, Asifabad Bus Depot, Adilabad District. .....RESPONDENT(S) 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, direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the additional monetary benefits including gratuity and other terminal benefits to the petitioner consequent to the death of the 1st petitioners husband and in pursuance of the proceedings of the 1st petitioners husband and in pursuance of the proceedings of the 1st respondent dated 6-3-2006 is illegal, arbitrary and unjust and consequently direct the Respondents to pay the additional monetary benefits including gratuity and other terminal benefits to the petitioner. Counsel for the Petitioner:MR.G.RAVI MOHAN Counsel for the Respondent No.: SMT.P.RAJANI REDDY The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in not paying the additional monetary benefits including gratuity and other terminal benefits to the petitioners consequent on the death of the 1st petitioner’s husband and in pursuance of the proceedings of the 1st respondent dated 6.3.2006, as arbitrary and illegal and consequently direct the respondents to pay the petitioners additional monetary benefits including gratuity and other terminal benefits. The petitioners are the wife and son of one Balaiah, who worked as Driver in the respondent-Corporation. While working as such, he died on 1.11.2005 during the course of employment. The petitioners made representation dated 29.11.2005 to the respondents-Corporation seeking compassionate appointment, but no action thereon was taken. Questioning the inaction of the respondents in not considering their representation, they filed W.P. No.27501 of 2005, and this Court by its order, dated 27.12.2005 directed the respondents to dispose of the petitioner’s representation within a period of three months. In pursuance of this order, the 1st respondent-Regional Manager passed an order dated 6.3.2006 to the effect that there are no chances of appointment on compassionate grounds, and on the other hand, directed the 2nd petitioner to take additional monetary benefits in lieu of employment. Then the 2nd petitioner made an application, dated 14.7.2007 to settle the accounts of his late father and requested them to pay additional monetary benefits and other terminal benefits. Now, the petitioners’ grievance is that in spite of the application made by the 2nd petitioner, the respondents have neither considered the said representation nor passed any orders thereon nor paid additional monetary benefits and terminal benefits. Having heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents-Andhra Pradesh Road Transport Corporation, and both of them agreed to the disposal of the writ petition with the following directions: “The respondents are directed to consider the 2nd petitioner’s application 14.7.2007 in respect of payment of terminal benefits and additional monetary benefits in lieu of employment on compassionate grounds and pass appropriate orders thereon in accordance with the policy of the Corporation, expeditiously, preferably within a period of two months from the date of receipt of a copy of this order.” Accordingly, the writ petition is disposed of at the admission stage. No costs. _____________ N.V.RAMANA, J 17th December, 2008 bcj