S. KIRANMAYI Vs. N. SAMBASIVA RAO AND ORS.

JUDGEMENT

(1.) This Contempt Case is filed alleging non-implementation of the order in W.P. No. 12970 of 2016 dated 27.06.2016. Though it is not necessary for this Court to repeat the entire order, but for the purpose of disposal of the present Contempt Case, the following facts are necessary.

(2.) The husband of the petitioner, who was appointed as a contract driver in Chittoor-I Depot, died while in service on 20.02.2012 leaving behind the petitioner and her two minor children. The petitioner states that she is entitled for compassionate appointment under the Bread Winner Scheme. In respect of dependents of regular employees, they are eligible for payment of additional monetary benefit in lieu of employment from the year 1989. But, in view of the hardship of the families of contract employees who died while in service, the management extended the scheme of compassionate employment to the eligible dependants by entering into a Memorandum of Settlement under Section 12(3) of the Industrial Disputes Act, 1947, with the APSRTC Employees Union on 03.08.2013. The Government issued G.O.Ms. No. 2, Transport Department dated 05.01.2013 according permission to APSRTC to provide compassionate appointments to all the eligible dependents of the employees who died in harness during the period from 01.01.1998 to 31.12.2010. It was clarified in G.O.Ms. No. 15, Transport Department, dated 07.02.2014, making it applicable to the employees who died thereafter also. The Corporation also issued circular on 01.03.2014 directing continuance of process of recruitment under the Bread Winner Scheme in respect of the employees who died beyond 31.12.2010 also.

(3.) The petitioner studied Intermediate and submitted an application on 24.02.2012 seeking employment on compassionate grounds. Her case was considered for the post of RTC Constable, interview was conducted and she was provisionally selected for the said post. She was asked to undergo physical efficiency test by proceedings dated 23.01.2016. She was qualified in that test also. She was asked to undergo medical examination by letter dated 23.03.2016 and she underwent the same. Thereafter, she was informed that she will not be given appointment as her husband was only a contract employee at the time of his death. In those circumstances, the petitioner approached this Court by filing W.P. No. 12970 of 2016. In spite of several adjournments, no counter affidavit was filed and the learned Standing Counsel orally submitted that the settlement arrived with the Employees Union was not approved by the Board of Directors. This Court disposed of the Writ Petition by directing the respondents to consider the case of the petitioner for appointment to the post of RTC Constable under compassionate grounds in view of the settlement arrived at on 03.08.2013 and pass appropriate orders within three months.