This court permitted the petitioner to make a representation to the respondents for compassionate appointment within two weeks for consideration within four weeks.
Permitted the petitioner to make a representation to the authorities within two weeks for consideration of compassionate appointment.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND NINE
PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and
THE HON'BLE MR JUSTICE SANJAY KUMAR
WRIT APPEAL No.389 of 2006
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated 02/12/2005 in WP NO : 25712 OF 2005 on the file of the High Court.)
Between:
Shaik Nagul Meera, s/o Sk.Mohiddin Saheb, r/o Door No.4-252, Damarlavari Veethi, Mangalagiri, Guntur District.
..... APPELLANT
AND
1 Southern Power Distribution Company of A.P.Limited rep., by its Chairman & Managing Director, Renigunta Road, Tirupathi. 2 Southern Power Distribution Company of A.P.Limited rep., by its Chief General Manager, (OPN&HRD), Tirupathi. 3 Southern Power Distribution Company of A.P.Limited rep., by its Divisional Electrical Engineer, Operation, Guntur.
.....RESPONDENT(S)
Counsel for the Appellant:MR.B.A.PRAKASH REDDY
Counsel for the Respondent No.: MR.P.R.BALARAMI REDDY
The Court made the following :
THE HON'BLE MR JUSTICE V.ESWARAIAH
and
THE HON'BLE MR JUSTICE SANJAY KUMAR
WRIT APPEAL No.389 of 2006
JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah)
Heard both the counsel.
The father of the petitioner was employed as a Junior Lineman in the Southern Power Distribution Company of A.P., Limited, the 1st respondent herein. He was retired on medical grounds vide proceedings, dated 28-022004.
It is the case of the petitioner that as his father retired on medical invalidation, the petitioner, being his dependent, is entitled for compassionate appointment. Therefore, he filed W.P.No.25712 of 2005 before this court seeking a direction to the respondents to consider his case for appointment as Attender or to any other suitable post. The said writ petition was dismissed vide order dated 02-12-2005 on the ground that providing appointment on compassionate grounds to the dependents of the employees, who are retired on medical invalidation, was discontinued with effect from 13-02-2004. Aggrieved by the said order, this writ appeal has been filed.
Learned counsel for the petitioner submits that the Government of A.P. issued orders in G.O.Ms.No.661, General Administration (Ser.G) Department, dated 23-10-2008 reviving the scheme of compassionate appointments to the dependents of the Government employees, who retired on medical invalidation, pursuant to the judgment of the Hon’ble Supreme Court in Civil Appeal No.4210/2003, dated 12-08-2008. It is stated that the said order of the Government, dated 23-10-2008, has been made applicable to the employees of the Southern Power Distribution Company of A.P.Limited vide orders in S.O.O.(CGM-HRD)Ms.No.167, dated 12-12-2008 subject to the orders contained in paras 5 (1) to (7).
Both the learned counsel submit that if the petitioner fulfils the criteria applicable in the said order, dated 12-12-2008, he is also entitled to get the benefit of the said order.
Having regard to the facts and circumstances of the case, we dispose of the writ appeal permitting the petitioner to make a representation to the authorities concerned within two weeks from the date of receipt of a copy of this order. If any such representation is made, the same may be considered and disposed of within four weeks thereafter in accordance with the order of the respondent company in S.O.O.(CGM-HRD) Ms.No.167, dated 12-122008. There shall be no order as to costs.
________________ V.ESWARAIAH, J
__________________ SANJAY KUMAR, J
Date: 07-04-2009 Note: Issue C.C. in one week (B/o) Prv
........REGISTRAR
To 1.2 CD copies
Form-NIC-OGS/WA {RS}
2 issues framed by the court
Whether the dependent of a employee retired on medical grounds can claim compassionate appointment after the government revived the scheme.
Whether the petitioner is entitled to avail the benefits of the government order dated 23-10-2008 applicable to Southern Power Distribution Company.
2 provisions across 2 enactments
Shaik Nagul Meera
Southern Power Distribution Company of A.P. Limited
V.ESWARAIAH
SANJAY KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
