HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.14676 of 2009 Date: 25.03.2010 Between: V. Anjaiah (Died per LRs.). … Petitioners And Andhra Pradesh State Road Transport Corporation, Hyderabad, rep. by its Managing Director & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.14676 of 2009 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents in not paying additional monetary benefits to the petitioners, or alternatively, in not providing employment to either petitioner 1 or 2, as illegal and arbitrary, and contrary to the circular instructions issued by the respondents. 2. The father of petitioners 1 and 2 and the husband of 3rd petitioner was in the service of the 1st respondent-Corporation, working as a Conductor. He was appointed as such on 06.02.1994. Alleging some misconduct against him, he was removed from service on 12th February 2002. The said removal order was questioned by the deceased-employee by way of application filed under Section 2-A(2) of the Industrial Disputes Act, 1947. The Labour Court-II, Hyderabad, having considered the charges levelled against the deceased-employee and the punishment imposed, by Award dated 6th February 2008, passed in I.D.No.67 of 2005, recorded a finding that the punishment imposed is disproportionate to the gravity of the charge, and accordingly, set aside the order of removal and directed the employee to be reinstated into service. It is stated that unfortunately, after the judgment was reserved, before Award was passed by the Tribunal, the employee died. On the application of petitioners, the service benefits were paid to them. Thereafter, there was a representation by the petitioners to provide appointment to either petitioner No.1 or 2 by extending the benefit of the scheme for compassionate appointment, or to pay additional monetary benefits. When there was no response for appointing petitioner 1 or 2 in a suitable vacancy, this writ petition is filed. 3. In the counter affidavit filed on behalf of respondents, while denying the various allegations made by the petitioners, it is stated that the Government has issued orders in G.O.Ms.No.36, dated 05.09.2001, dispensing with the scheme of compassionate appointment in the State Level/Public Sector enterprises and in lieu thereof, ex-gratia is ordered to be paid to the dependants of the employee died in harness. In the counter affidavit, while admitting that there are instructions in Circular No.4/2006, dated 07.02.2006, it is stated that the petitioners/ Legal representatives were advised to opt for additional monetary benefits, since there is no chance of getting employment. 4. In view of the averments made in the counter affidavit, the learned counsel for petitioners has confined the relief only to the extent of additional monetary benefits. So far as extending the additional monetary benefits is concerned, the respondents themselves have stated that there are circular instructions issued in Circular No.4/2006, dated 07.02.2006, and that petitioners were also advised to opt for additional monetary benefits in lieu of compassionate appointment. 5. In view of the aforesaid averments in the counter affidavit, I deem it appropriate to dispose of the writ petition directing the petitioners to make fresh representation for grant of additional monetary benefits as per the scheme, which is in force, within a period of four weeks from today. If any such application is filed, the respondents shall consider the claim of petitioners for grant of additional monetary benefits in terms of Circular No.4/2006, dated 07.02.2006, or any other instructions issued by way of circulars in this regard by the Corporation, and pass appropriate orders on such claim, and communicate the same to the petitioners as expeditiously as possible, preferably within a period of two months from the date of receipt of application. 6. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ 25th March 2010 R. SUBHASH REDDY, J ajr