Dismissed

the Apsrtc, rep by Vice Chairman-cum-Managing Director, v. B. Nagendra Kumar S/o Late B. Kutumba Rao

Telangana HC4 Dec 2014WA/794/2006

Case brief

AI extract

What is this about?

In this writ appeal, the highest court disposed of a challenge against a High Court order directing A.P.S.R.T.C. to pay the Bread Winner Scheme amount with interest. The court found no basis to interfere with the lower court's decision.

What did the court decide?

Writ appeal dismissed; miscellaneous petition disposed of without costs.

the Apsrtc, rep by Vice Chairman-cum-Managi… — Pension and Retirement Benefits | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND

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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM

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W.A.No.794 of 2006

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JUDGMENT: (Per LNR,J)

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The father of the respondent herein was working as Depot Clerk in the A.P.S.R.T.C. He died on 13.05.1995 while in service. Therefore, the respondent submitted an application on 17.03.1997 with a request to provide employment on compassionate grounds. Alleging that the application has not been considered, the respondent filed W.P.No.15252 of 1997 before this Court. The writ petition was disposed of, directing the respondents to pass appropriate orders on the application. Through order, dated 24.02.1998, the appellants rejected the application of the respondent, on the ground that he was short of height for the post of Conductor.

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Aggrieved by the order, dated 24.02.1998, a writ petition being W.P.No.12786 of 1999 was filed with a prayer to direct the appellants herein to relax the condition as to height. In compliance with the direction issued in the writ petition, the case of the respondent was considered but the appellants expressed their inability to accede to the request through proceedings, dated 31.03.2000. It was mentioned that the respondent is entitled for the benefit under Bread Winner Scheme.

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Challenging the proceedings, dated 31.03.2000, the respondent filed W.P.No.19040 of 2001. Learned

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Single Judge took note of the various developments and ultimately disposed of the writ petition through order dated 02.03.2006 directing that the appellants shall pay the amount under the Bread Winner Scheme with interest at the rate of 9% per annum from 03.08.2000 till the date of payment. The appellants feel aggrieved by the condition as to payment of interest. Heard learned counsel for the appellants and learned counsel for the respondent.

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The respondent had to file as many as three writ petitions in the context of availing the relief of compassionate appointment. That did not fructify and he had to satisfy himself with the offer of the payment of lumpsum under the Bread Winner Scheme. Learned Single Judge took note of the fact that there was undue delay in payment of that amount also and awarded interest at the rate of 9%. It is rather shocking that the appellants did not pay the amount so far to the respondent, on the strength of the interim order by this Court in the writ appeal. We do not find any basis to interfere with the order under appeal.

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Therefore, the writ appeal is dismissed.

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The miscellaneous petition filed in this writ appeal shall also stand disposed of. There shall be no order as to costs.

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____________________ L.NARASIMHA REDDY, J

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______________________ CHALLA KODANDA RAM, J

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Date: 04.12.2014

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JSU

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM

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W.A.No.794 of 2006

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Date: 04.12.2014

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JSU

the Apsrtc, rep by Vice Chairman-cum-Managing Director, v. B. Nagendra Kumar S/o Late B. Kutumba Rao

Case brief

What is this about?

What did the court decide?

the Apsrtc, rep by Vice Chairman-cum-Managing Director, v. B. Nagendra Kumar S/o Late B. Kutumba Rao

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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