APCPDC LTD Vs. KODAVATH KESI

JUDGEMENT

(1.) The present writ appeal is arising out of the order dated 06.04.2017 passed by a learned Single Judge in W.P.No.6112 of 2004 directing the appellants to consider the case of the writ petitioner (respondent before this court) for grant of appointment (compassionate).

(2.) The undisputed facts of the case reveal that the writ petitioner (respondent before this court) is a widow and belongs to Scheduled Tribe. Her husband was employed in the services of the Central Power Distribution Company of Andhra Pradesh Limited, now known as Telangana State Southern Power Distribution Company Limited (TSSPDCL). Unfortunately on 19.04.2003, when her husband was working in the premises of the company, on account of non-functioning of circuit breaker at 33/11 KV SS Achampet, he was electrocuted and died on the spot. The young tribal widow, who was not having any other source of income and who was having a large family to support, as all were dependent upon her husband, submitted an application for grant of appointment on compassionate grounds. The application of the widow was rejected on 15.12.2003. She immediately came up before this court by filing a writ petition i.e., W.P.No.6112 of 2004. Unfortunately, it was only in the year 2017 that this court has decided the matter directing the employer to consider her case for grant of compassionate appointment, against which a writ appeal was preferred in the year 2017 and it was listed on 03.11.2017 for the first time. The present appellants sought an adjournment in the matter as reflected from the order sheet and it was posted on 06.11.2017 at request. However, it was not listed on 06.11.2017 and it has been listed today on a request made by the widow.

(3.) The undisputed facts of the case make it very clear that the death of the husband of the writ petitioner (respondent before this court) took place on 19.04.2003. At the relevant point of time, a scheme was applicable and the same is also on record i.e., Circular dated 30.06.2003. The relevant paragraphs of the said Circular dated 30.06.2003, as contained in paragraphs (i), (ii) and (iii), read as under:-