Writ petition filed by widow of deceased APSRTC conductor seeking appointment under Bread Winner scheme. Court directed respondent to decide the pending application within two months without a full audit of her eligibility at this stage.
Respondent directed to pass appropriate orders on the petitioner's application dated 20.10.1999 within two months.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION NO : 21960 of 2004
Between:
Smt. P. Kamalamma, W/o. Late Sri P. Gopal Rao, Govardhanagiri, Karimnagar District.
.... PETITIONER
AND
The Regional Manager, A.P.S.R.T.C., (Region) Nizamabad, Nizamabad District
...RESPONDENT
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction more in the nature of Writ of Mandamus, directing the respondent to consider the claim of the petitioner and appoint her son in any suitable post under the bread winner scheme forthwith and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.
Counsel for the Petitioner: MR.P.GOVINDA RAJULU
Counsel for the Respondent: SMT.P.RAJANI REDDY
The Court at the admission stage made the following :
ORDER: -
The husband of the petitioner was employed as Conductor in the A.P.S.R.T.C. He is said to have died on 07.06.1998. The petitioner was extended the service benefits of her deceased husband. Thereafter, she made a representation, dated 20.10.1999, for providing employment under “Bread Winner” scheme. She complains that no action has been taken on her application so far.
2. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent.
3. The respondent had introduced the scheme of ‘Bread Winner’ to provide suitable employment in the categories of Driver, Conductor and Shramik, to the dependents of the employees, who died in harness. The details of the scheme are not placed before this Court. The question as to whether the petitioner fulfills the conditions to be extended the benefit of the scheme, has to be examined by the respondent. An application filed by a dependent of the deceased employee cannot be kept pending indefinitely.
4. Hence the writ petition is disposed of directing the respondent to pass appropriate orders on the application, dated 20.10.1999, filed by the petitioner, within two months from the date of receipt of copy of this order. To avoid further complications, it is directed that the petitioner shall submit a copy of the said representation along with a copy of the order passed in the writ petition. There shall be no order as to costs.
Sd/-
ASSISTANT REGISTRAR
Dated: 01st December, 2004
RAR
To
1) The Regional Manager, A.P.S.R.T.C., (Region) Nizamabad,
Nizamabad District
2) 2 CD copies
3 issues framed by the court
Whether the respondent should be directed to dispose of the petitioner's application for employment under the 'Bread Winner' scheme.
Whether the petitioner's application to the 'Bread Winner' scheme can be kept pending indefinitely.
Whether the petitioner is eligible for the scheme without a full examination by the respondent.
Smt. P. Kamalamma
The Regional Manager, A.P.S.R.T.C.
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
