Manganti Saraswathi Vs the Depot Manager Apsrtc

MANGANTI SARASWATHI, W/O R. LEELADHAR, D/O (LATE) VENKATESWARA RAO, AGED 32 YEARS, R/O D.NO 2-49 KONDAPALLI VILLAGE, IBRAHIMPATNAM MANDAL, NTR DISTRICT

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...PETITIONER

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AND

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THE DEPOT MANAGER APSRTC, A.P.S.R.T.C., IBRAHIMPATNAM DEPOT, N.T.R DISTRICT (EARLIER KRISHNA DISTRICT).

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A P S R T C, , REP. BY ITS REGIONAL MANAGER, VIJAYAWADA, N.T.R DISTRICT (EARLIER KRISHNA DISTRICT).

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent authorities in not considering my claim for compassionate appointment in any suitable post depending on my qualification, after scrutinizing my certificates by letter No. SB/BWS/(01)/2023-SASIA/ and SOA/JA, dated 04.04.2023, illegal, arbitrary, contrary to law and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially direct the respondent authorities immediately to consider my claim for suitable appointment depending on my qualification on compassionate grounds, in the interest of justice and pass such

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2

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondent authorities immediately to consider the claim of the petitioner in any suitable post depending on her qualification as per the representation dated 07.05.2025 on compassionate appointment, in the interest of justice and pass such

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant leave to file the counter affidavit in W.P. No.18765 of 2025 and pass

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IA NO: 2 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to permit the petitioner to implead the proposed respondent No. 3 as respondent No. 3 in the Writ Petition No. 18765 of 2025 and pass

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Counsel for the Petitioner:

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1.C SRINIVASA BABA

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Counsel for the Respondent(S):

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1.ARAVALA RAMA RAO(SC FOR APSRTC KKAC)

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The Court made the following:

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ORDER:

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The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

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<to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the inaction of the respondent authorities in not considering my claim for compassionate appointment in any suitable post depending on my qualification, after scrutinizing my certificates by letter No. SB/BWS/(01)/2023-SASIA/ and SOA/JA, dated 04.04.2023, illegal, arbitrary, contrary to law and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially direct the respondent authorities immediately to consider my claim for suitable appointment depending on my qualification on compassionate grounds, in the interest of justice and pass such….=

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Heard learned counsel for the petitioner and learned Government Pleader appearing for respondents.

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The case of the petitioner is that the petitioner is one of the daughter of Sri Venkateswara Rao, who died on 27.11.2021 while in service in APSRTC as conductor. The petitioner herein is a graduate in Commerce. It is further submitted that petitioner made a representation along with all the relevant documents and no objection affidavit of the mother and the sister of the petitioner, to the respondents requesting to provide compassionate appointment. As there was no response from the respondents, the petitioner was aggrieved to file the Writ Petition.

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Counter has been filed by respondent nos.1 and 2 stating that the matter has been referred to the District Collector, NTR District for consideration as he is the Coordinator. Further, they have stated that as

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the petitioner being an elder married daughter, she is not eligible for consideration under scheme of compassionate appointment.

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Considering the said objections raised in the counter, as the said

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issue has already been considered by this Court in catena of judgments

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<In identical cases this Court has considered the issue in W.P.No.10340 of 2014 dated 26.02.2021 and held that the word <Unmarried= is strike down in clause-III of eligibility criteria of <Bread Winner Scheme= of the respondent Corporation holding that it is discriminatory, arbitrary, unjust and violative of Articles 14, 15, 16 and 21 of the Constitution of India;

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In view of the above observations in the said judgment, the impugned memo dated 26.11.2024 issued by the 5^th respondent is set aside and the matter is remanded back to the 5^th respondent for fresh consideration. The 5^th respondent is directed to consider the same afresh and pass appropriate orders, within a period of two (02) months from the date of receipt of a copy of this order.

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It is needless to mention that while considering the representation/application of the 2^nd petitioner, the respondents shall also take into consideration the certificates filed in writ petition.

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Hence the Writ Petition is disposed of directing the respondent no.3

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to consider the proposal sent by respondent nos.1 and 2 on 07.02.2025 and the same may be considered and disposed of as per the above observations made by this Court, within a period of three (03) months from the date of receipt of a copy of the order.

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