THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.3159 of 2005 Dated: 07.04.2010 Between: Smt. M.Venkamma. … Petitioner. And The APSRTC rep. by its Vice-Chairman, Managing Director, Musheerabad, Hyderabad, and another. …. Respondents ORDER: Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. It appears, the petitioner has been working as a cleaner at Tadepalligudem Depot of A.P.State Road Transport Corporation (for short ‘the Corporation’) and her husband, who was also working as a cleaner in the same Corporation, died in harness on 30.07.2002. The grievance of the petitioner is that since her son, who is unemployed, is an illiterate and not eligible for being appointed on compassionate grounds in the Corporation, the Additional Monetary Benefit in lieu of employment can be sanctioned to her family, as per the Bread Winner Scheme framed by the Corporation, but the same is not being sanctioned till date, in spite of their repeated representations made in the year 2003 and also in the year 2004. Hence, this writ petition. Learned counsel for the petitioner strenuously contended that irrespective of the fact that the petitioner, who is the wife of the employee died in harness, is already working in the Corporation, when once her son is found not entitled for being appointed on compassionate grounds, the Additional Monetary Benefit in lieu of employment can be sanctioned to the family of the petitioner, as per the Bread Winner Scheme framed by the Corporation and the circulars issued in that regard. Learned Standing Counsel appearing for the respondents placed before the Court a Circular, dated 05.05.2000, issued by the Vice Chairman & Managing Director, A.P.S.R.T.C., Mushirabad, Hyderabad, whereunder the instructions regarding the methodology to be followed for providing employment under the Bread Winner Scheme to the dependants of employees died in harness have been laid down. The scheme, in general, speaks of providing employment to the dependents of employees died in harness, whose families have no bread winners. But, in the instant case, admittedly, the petitioner, who is the wife of the employee died in harness, is working as a cleaner in the Corporation and, therefore, it cannot be said that there are no bread winners in the family of the employee died in harness and, as such, the said circular is not applicable to the present case. Learned counsel for the petitioner, however, contended that the petitioner and her son, who are the family members of the employee died in harness, are entitled to Compassionate Monetary Benefit, as per the instruction No. VII (11) of the said Circular, dated 05.05.2000, referred to by the learned counsel for the respondents, whereunder it is stated that the Compassionate Monetary Benefit will be sanctioned wherever it is not possible to provide employment to the spouse/children of employees died in harness on or after 13.08.1981, as per Circular No.PD-111/85, dated 13.09.1985 and for the deaths occurred on or after 01.08.1979 as per Cir.No.PD-12/2000, dated 12.02.2000. I have given my earnest consideration to the respective submissions made by the learned counsel on either side. I am not in agreement with the submission made by the learned counsel for the petitioner. The very circular, dated 05.05.2000, issued by the Corporation is for providing some succor to the spouse/children of the employees died in harness. In the case on hand, since the petitioner, who is the wife of the deceased, is an employee of the Corporation, it cannot be considered that there are no bread winners in the family of the deceased. May be the children of the deceased are not entitled for employment on compassionate grounds, in view of their illiteracy, but that itself cannot be a ground for entitlement of Compassionate Monetary Benefit/Additional Monetary Benefit in lieu of employment. Thus, the writ petition is devoid of merit and is liable to be dismissed. The writ petition is, accordingly, dismissed. No order as to costs. _____________ C.V.RAMULU,J 07.04.2010 v v