IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE TWENTY SECOND DAY OF APRIL, TWO THOUSAND NINE ONLY WRIT PETITION No.28302 of 2008 Between: Abdul Khaleel. … Petitioner And A.P. Tourism Development Corporation Limited, reptd., by the Managing Director, Hyderabad, A.P. … Respondent Counsel for the petitioner: Smt. Mar Reddy Bhagyamma. Counsel for the respondent: Sri A.K.Narasimha Rao. This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Mandamus to declare the inaction of the respondent-A.P. Tourism Development Corporation Limited (for short “the Corporation”) in considering the petitioner’s case for compassionate appointment in place of his mother, as illegal and arbitrary. The father of the petitioner was an employee of the Corporation. As he died in harness in the year 1987, the petitioner’s mother was appointed as a sweeper. She also died on 10-2-2008 while being in service. The petitioner immediately made representations on 3-5-2008 and 24-6-2008 to the Corporation for considering his case for compassionate appointment. As the said request was not heeded to, he filed the present Writ Petition. In the counter-affidavit filed by the Managing Director of the Corporation it is, inter alia, admitted that the petitioner’s mother died in harness. However, it is further averred that the Government issued G.O.Ms.No.36 PE (III) Department, dated 5-9-2001, whereby it dispensed with the scheme of compassionate appointments and, in lieu thereof, payment of ex-gratia to the dependants of the employees, who died in harness, is provided. It is further stated that on receipt of the representations of the petitioner, the Corporation addressed letter dated 28-6-2008 requiring the petitioner to submit the legal heir certificate from the Court; and letter dated 18-11-2008 giving the details of the terminal benefits, including the exgratia amount, which the legal heirs are entitled to receive. It is also stated that one of the brothers of the petitioner is appointed on contract basis in the Corporation. Heard Smt.Marreddy Bhagyamma, learned counsel for the petitioner, and Sri A.K.Narasimha Rao, learned Standing Counsel for the Corporation. Though the State Government issued G.O.Ms.No.36, dated 5-9-2001 dispensing with the scheme of compassionate appointments in the State Level Public Enterprises, following the recent judgment of the Supreme Court, which reversed the Full Bench judgment of this Court and upheld the constitutional scheme of compassionate appointments, the State Government issued G.O.Ms.No.661, General Administration (SER.G) Department, dated 23-10-2008, which revived the scheme of compassionate appointments. In view of the same, the petitioner deserves to be considered for compassionate appointment. The respondent-Corporation is, therefore, directed to consider the case of the petitioner for compassionate appointment in the place of his mother. It is only in the event that the petitioner is found not eligible for such appointment under the present scheme in force, he may be paid the ex-gratia amounts as envisaged in G.O.Ms.No.36 dated 5-9-2001. Subject to the above directions, the Writ Petition is disposed of. ------------------------------- ----- C.V.NAGARJUNA REDDY,J Date:22-4-2009 MNR