Telangana High Court
WP/24529/2004 of Rehana Begum, Vs A.P.S.R.T.C., on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24529 of 2004 Between: Rehana Begum, W/o. Late Mohd. Ariffuddin, R/o. Boath, Post &
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION NO : 24529 of 2004
Between:
Rehana Begum, W/o. Late Mohd. Ariffuddin, R/o. Boath, Post & Mandal, Adilabad District.
AND
..... PETITIONER
1 A.P.S.R.T.C., rep. by its Regional Manager, Adilabad.
2 The Depot Manager, APSRTC, Adilabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto Issue a writ or order or direction especially one in the nature of Writ ofMandamus; i) declare the action of the respondents in not providingemployment on compassionate grounds either as conductor or any othersuitable post as illegal & arbitrary. ii) consequently direct the respondents toprovide the petitioner appointment on compassionate grounds either asconductor or any other suitable post. iii) and pass any such other order ororders as this Hon'ble court may deem fit and proper in the circumstances ofthe case.
Counsel for the Petitioner: MR.K.VASUDEVA REDDY
Counsel for the Respondents: SMT.P.RAJANI REDDY
The Court at the admission stage, made the following:
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24529 of 2004
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ORDER:
For not providing the employment to the petitioner on compassionate grounds,the present writ petition is filed.
2 . The learned counsel for the petitioner contended that the husband of thepetitioner died on 15-01-2001 while on duty, due to heart attack, leaving thepetitioner and three minor children besides the old aged mother-in-law andtherefore since the petitioner is facing hardships to maintain entire family, adirection may be given to the respondents-Corporation to consider the case ofthe petitioner in accordance with the rules and regulations of the Corporation.
3 . On the other hand, the learned standing counsel appearing for therespondent-Corporation contended that the petitioner himself sought for grant ofadditional monetary benefits and therefore, the petitioner is not entitled forappointment on any compassionate grounds.
4. The facts are not in dispute. However, the fact remains that the petitionerhas not taken any additional monetary benefit. The issue relates to the questionas to whether the petitioner is entitled for any suitable post on compassionategrounds is required to be decided by the respondent-Corporation in accordancewith the rules and regulations of the Corporation. Therefore, I deem it considerto dispose of the writ petition with a direction to the respondent-Corporation.
5 . Accordingly, the writ petition is disposed of with a direction to therespondents to consider the case of the petitioner to appoint her in any suitablepost on compassionate grounds in accordance with the rules and regulationswithin a period of three months from the date of receipt of a copy of this order.In the circumstances, there shall be no order as to costs.
December 29, 2004
___________________
Note:
Issue C.C. in one week.
B/o.
Kvr
1. The Regional Manager, A.P.S.R.T.C., Adilabad.
2. The Depot Manager, APSRTC, Adilabad.
3. Two C.D copies.