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2003 DIGILAW 1355 (AP)

A. P. State Ware Housing Corporation, hyderabad v. K. Saraswathi Devi

2003-11-04

B.SUDERSHAN REDDY, K.C.BHANU

body2003
B. SUDERSHAN REDDY, J. ( 1 ) THESE two writ appeals and the writ petition may be disposed of by a common order since the question that falls for consideration is one and the same involving interpretation of g. O. Ms. No. 36, Public Enterprises (III) department, dated 5-9-2001, issued by the government of Andhra Pradesh deciding to dispense with the Scheme of compassionate appointments in the eleven State Public enterprises. ( 2 ) THE learned Single Judge allowed the writ petition, out of which the two writ appeals arise, and directed the appellants herein to consider the case of the first respondent/writ petitioner afresh for providing appointment on compassionate ground without reference to G. O. Ms. No. 36, public Enterprises (HI) Department, dated 5-9-2001, on the ground that as on the date of application filed by her seeking appointment on compassionate grounds G. O. Ms. No. 36, dated 5-9-2001 was not in existence. ( 3 ) THE only question that falls for consideration is as to whether the first respondent/writ petitioner is entitled for consideration of her case for appointment on compassionate grounds in the appellants organisation? ( 4 ) WE had an occasion to consider the same question in Writ Appeal No. 1706 of 2003, vide judgment dated 29th October, 2003, and took the view that for all practical purposes, G. O. Ms. No. 36, Public enterprises (III) Department, dated 5-9-2001, completely revises G. O. Ms. No. 59, General administration (Services-A) Department, dated 5-2-1993. In such view of the matter, there is no scope for consideration of any cases for appointment on compassionate grounds of those employees who died in harness. But, such of those dependents are undoubtedly entitled for payment of ex-gratia in terms of the revised Polity of the State government. ( 5 ) CLAUSE (6) of G. O. Ms. No. 36, public Enterprises (III) Department, dated 5-9-2001 reads as follows:"these orders shall come into force with immediate effect. Government also direct that the earlier cases shall not be entertained under any circumstances", (emphasis added) ( 6 ) IT is thus clear that the present policy of the Government, as is evident from G. O. Ms. No. 36, Public Enterprises (III) Department, dated 5-9-2001, not only completely prohibits making appointments on compassionate grounds but also directs all State Level Public Enterprises not to consider even the earlier cases pending before them. No. 36, Public Enterprises (III) Department, dated 5-9-2001, not only completely prohibits making appointments on compassionate grounds but also directs all State Level Public Enterprises not to consider even the earlier cases pending before them. It is thus clear that for all practical purposes, G. O. Ms. No. 36, Public Enterprises (III) Department, dated 5-9-2001, replaces the earlier Policy of the Government contained in G. O. Ms. No. 59, General administration (Services-A) Department, dated 5-2-1993. ( 7 ) FOR the aforesaid reasons, we find it difficult to sustain the order passed by the learned Single Judge and the order is accordingly set aside. Writ appeals are allowed and writ petition shall stand dismissed.