IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.21189 of 2007 Between: Gaddam Gangamma W/o.Raghavaiah R/o.Quarter No. BF-160, I.M. Colony, Kothagudem Thermal Power Station, Paloncha, Khammam (Dist.) Pin: 507 115. ..... PETITIONER AND 1 Andhra Pradesh Power Generation Corporation Limited, Vidyut Soudha, Somajiguda, Hyderabad -82, rep. by its Managing Director. 2 The Chief Engineer (O&M), Kothagudem Thermal Power Station, AP Genco Ltd., Paloncha, Khammam District. .....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 any appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in issuing the letter Lr.No.CE/O&M/KTPS/ADM/ B4/D.No./40/07, dt. 06.06.2007 as arbitrary, illegal and violative of Articles 14, 16 & 21 of the Constitution of India and consequently set- aside the letter Lr.No.CE/O&M/KTPS/ADM/B4/D.No./40/07, dt. 06.06.2007 issued by the 2nd respondent and direct the respondents to appoint the petitioner on compassionate grounds in terms of B.P.Ms.No.119, dt.10.2.1982 by considering the petitioner’s representations dated 10.1.2006, 30.4.2007 & 13.9.2007 and pass such other orders as may be just. Counsel for the Petitioner: MR.CHANDRAIAH SUNKARA Counsel for the Respondents: MR.K.CHIDAMBARAM(SC FOR AP GENCO) The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.21189 OF 2007 ORDER: It is the case of the petitioner that her husband, by name Gaddam Raghavaiah, while working as Mazdoor in Kothagudem Thermal Power Station at Paloncha, Khammam District, died in harness on 10.11.2005. Thereafter, when she submitted an application to the Mandal Revenue Officer, Paloncha, seeking to issue legal heir certificate certifying her to be the legal heir of her deceased husband, she was informed that the same cannot be issued, as one Erraboina Venkateswar Rao got issued a legal notice to the Mandal Revenue Officer stating that he is the natural son of the deceased Raghavaiah and the petitioner is not the legally wedded wife of the said Raghavaiah. Thereafter, she made a representation to the 2nd respondent- Chief Engineer (O&M), K.T.P.S., on 10.1.2006, seeking to issue job application forms, stating that issuance of legal heir certificate would be delayed due to some unavoidable reasons, but she was informed that application forms would be issued only if the representation is accompanied by necessary documents viz. legal heir certificate, death certificate etc. Therefore, the petitioner was constrained to file O.S.No.829 of 2006 on the file of Principal Junior Civil Judge’s Court, Kothagudem, seeking to declare her as the legally wedded wife of late Gaddam Raghavaiah. The said suit was decreed as prayed for on 12.03.2007. Pursuant thereto, the Mandal Revenue Officer issued legal heir certificate in her favour on 12.04.2007. Thereafter, she submitted a representation dated 30.04.2007 to the 2nd respondent, duly enclosing the legal heir certificate and death certificate of her deceased husband, requesting to provide her employment on compassionate grounds. But, the same was rejected by the 2nd respondent, by the impugned letter dated 06.06.2007, stating that as per B.P.Ms.No.119 dated 10.02.1982, any claim with eligibility for employment on compassionate grounds should be made within one year from the date of death of the employee, but the petitioner has submitted application beyond that period and therefore the same was rejected as time-barred. Aggrieved by the same, this writ petition is filed. A detailed counter-affidavit has been filed on behalf of the respondents, wherein, while denying the allegation that the petitioner has made an application on 10.01.2006 seeking appointment on compassionate grounds, it is stated that it is the duty of the petitioner to obtain the legal heir certificate in time and make necessary application claiming employment within the stipulated time as per the guidelines in vogue, and as per the scheme, the application should be made within one year, but the petitioner did not do so and, therefore, her claim was rejected. Learned counsel for the petitioner strenuously contended that in fact the petitioner has made an application to the authorities on 10.01.2006 i.e. within one year from the date of death of her husband, seeking employment on compassionate grounds, but the same could not be considered on the ground that legal heir certificate, death certificate of the deceased employee etc. were not submitted. He further contended that since the legal heir certificate was issued only after the Civil Court declared the petitioner as the legally wedded wife of the deceased employee, the delay in making application and submitting the said certificate along with other necessary documents has occurred, but the 2nd respondent, without considering the said fact, has rejected the claim of the petitioner on the ground that it was not made within one year from the date of death her deceased husband, which is arbitrary and illegal. Per contra, learned Standing Counsel appearing for the respondents reiterated the stand taken in the counter-affidavit and supported the impugned letter. I have given my earnest consideration to the respective submissions made by the learned counsel on either side and perused the impugned letter and other material made available on record. No doubt, as per B.P.Ms.No.119 dated 10.02.1982, any claim by the dependant of a deceased employee, seeking employment on compassionate grounds, should be made within one year from the date of death of the deceased employee. Since the husband of the petitioner died on 10.11.2005, the petitioner has to submit application, claiming employment on compassionate grounds, before 10.11.2006, but however, she could submit the same only on 30.04.2007 and, therefore, there is delay of about five months in making the claim. It is to be seen that the said delay occurred as the M.R.O. refused to issue legal heir certificate in favour of the petitioner on the ground that some other person has claimed to be the son of her deceased husband, and the same was issued only after the Civil Court declared her as the legally wedded wife of the deceased employee, and only then she could submit the same along with the application seeking employment on compassionate grounds. In such circumstances, the respondents could not have made the said delay as the basis for rejecting her claim as time-barred, and could have taken a lenient view and considered her claim. For the aforesaid reasons, the impugned letter dated 06.06.2007 is set aside and the respondents are directed to consider the case of the petitioner for providing employment on compassionate grounds in view of death of her husband and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 15th November, 2008. IBL