CH ESWARI LAXMI BAI Vs. VICE CHAIRMAN AND MANGING DIRECTOR ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION MUSHEERABAD HYDERABAD

JUDGEMENT

(1.) Delay (of 22 days in filing the Writ Appeal) condoned.

(2.) We find no illegality in the order of the learned single Judge in holding that the appellant-writ petitioner is not entitled to insist on a job of Attender being provided to her instead of the job of conductor which was offered to her on compassionate grounds consequent on the demise of her husband. As the appellant did not accept the offer, technically speaking the offer has lapsed. However, in the peculiar circumstances of the case and the pendency of the litigation, we consider it just and proper to direct the respondent to revive the offer and if the appellant is prepared to take up the job of conductor, the same shall be provided to her. The offer shall be made within a period of two months from the date of receipt of a copy of this order. It is made clear that under the A.P. Motor Vehicles Rules. 1989, pass in 7th standard is the minimum qualification prescribed and according to the school transfer certificate furnished by the writ petitioner-appellant, that qualification is satisfied. It is not clear on what basis in the circular No. B1/785 (351) /96, dated 28-5-1997, it is stated that the minimum educational qualification for obtaining the conductor's licence is a pass in 8th class. "3rd form or 7th standard" are the words used. Though the rule is not happily worded it is fairly clear that pass in 7th class is also recognized as requisite qualification.

(3.) The writ appeal is accordingly disposed of. No costs.