Smt.L.Prabhavathi,Chittoor,Anot vs Apsrtc,M.D,Hyd,Anot
2024 Latest Caselaw 416 AP

Andhra Pradesh High Court - Amravati

Smt.L.Prabhavathi,Chittoor,Anot vs Apsrtc,M.D,Hyd,Anot on 10 January, 2024

         THE HON'BLE SRI JUSTICE HARINATH.N

               WRIT PETITION No.8932 of 2013

ORDER:

The grievance of the petitioners is that the respondents

have not considered the case of the 2nd petitioner for

appointment on compassionate grounds in the Respondents

Corporation.

2. The 1st petitioner husband was working as a Conductor

and died on 03.08.2007, while on duty. The 1st petitioner has

filed the representation on 02.12.2007 stating that the

petitioner is in need of employment and not interested in

additonal monetary benefit. However, the additional

monetary benefit fund was sent by way of cheque to the

residental address of the petitioners, the 1st petitioner

accepted the same. The 2nd petitioner submits that the

consent for accepting the additional monetary benefit was not

obtained from the 2nd petitioner and as such, acceptance of

the additional monetary benefits by the 1st petitioner should

not be considered as an acceptance on the part of the 2 nd

petitioner.

3. Learned counsel for the petitioners submits that the

petitioners are willing to refund the additional monetary

benefit received from the respondents and in view of claim for

compassionate appointment to the 2nd petitioner. There is no

mandated provision or guideline which mandates the

respondents to obtain consent of the 2nd petitioner when the

wife of the deceased employee survives.

4. Learned Standing counsel for the respondents draws

the attention of the Court to para-3 of the counter and

submits that the petitioner consented for monetary benefit

and that they cannot now claim for compassionate

appointment.

5. Learned counsel for the petitioners relies on the

judgment passed in W.P.No.15677 of 2013 by Hon'ble High

Court of Telangana, whereby, the High Court had an

occasion to deal with the issue relating to the compassionate

appointment. The Hon'ble High Court of Telangana has

directed the respondents to consider the case of the 2nd

petitioner therein for compassionate appointment subject to

the petitioners fulfilling the other conditions as required for

such appointment. The Court further directed the 1 st

petitioner to refund a sum of Rs.1,00,000/- which was

received as an additional monetary benefit. The Hon'ble High

Court of Telangana dealt with rejection proceedings dated

30.04.2013, therein, for providing compassionate

appointment.

6. In the present case, no such proceedings are issued by

the respondents, as such, the judgment relied upon by the

learned counsel for the petitioners will be of no help with the

case of the petitioners.

7. Accordingly, the Writ Petition is dismissed. There shall

be no order as to costs.

As a sequel miscellaneous application, pending, if any,

shall also stand closed.

________________________________________ JUSTICE HARINATH NUNEPALLY

Date: 10.01.2024 SNI

THE HON'BLE SRI JUSTICE HARINATH.N

Date: 10.01.2024

SNI