APHC010888072017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 38707/2017 Between: 1. SHAIK SHABEER BASHA, KURNOOL DIST., UNEMPLOYEE, S/O. LATE ISMAEL, E-94586, DRIVER OF APSRTC, AGED 27 YEARS, R/O.DOOR NO.13-74-A, NEELI STREET, NANDYAL, KURNOOL DISTRICT. ...PETITIONER AND 1. M D APSRTC KRISHNA DIST 2 OTHERS, REP BY ITS MANAGING DIRECTOR, PNBS, VIJAYAWADA, KRISHNA DIST, AP. 2. THE REGIONAL MANAGER, APSRTC, KURNOOL REGION, AT KURNOOL DISTRICT. AP. 3. THE DEPOT MANAGER, APSRTC, NANDYAL, KURNOOL DISTRICT, AP. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not appointing the petitioner as Shramik or in any suitable post on compassionate grounds in pursuance of the Call letter in Proc No: E2/984(21)/2016-RM-KNL, Dt 11-7- 2016 as capricious, unconstitutional, and as such liable to be set aside in the interest of justice with a consequential Direction to the respondents herein to Appoint the petitioner as Shramik or in any suitable post in pursuance of the Call letter Dt 11-7-2016 forthwith IA NO: 1 OF 2017(WPMP 48042 OF 2017 2 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct the respondents herein to Appoint the petitioner as Shramik or in any suitable post in pursuance of the Call letter in Proc No: E2/984(21)/2016-RM- KNL, Dt 11-7-2016 forthwith pending disposal of the W. P, Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) The court made the following ORDER:- The instant writ petition under Article 226 of Constitution of India is filed seeking the following main prayer:- “…..declaring the action of the respondents in not appointing the petitioner as Shramik or in any suitable post on compassionate grounds in pursuance of the Call letter in Proc. No: E2/984(21)/2016-RM-KNL, Dt 11-7-2016 as capricious, unconstitutional, and as such liable to be set aside in the interest of justice with a consequential Direction to the respondents herein to Appoint the petitioner as Shramik or in any suitable post in pursuance of the Call letter Dt 11-7-2016 forthwith…….” 2. When the matter is called, Sri Aravala Rama Rao, learned Standing Counsel for respondents APSRTC referring to the averments made in the counter affidavit filed by the respondents, submits that consequent to the directions of this Court dated 13.04.2017 in W.P. No.15475 of 2014, the respondent authorities paid Additional Monetary Benefit (AMBF) amount to the petitioner as he does not possess educational qualifications for compassionate appointment. He further submits that at the time of the employee’s death, the petitioner was not eligible for compassionate 3 appointment as Shramik, as he did not possess the required educational qualifications. 3. The learned counsel for the petitioner has not disputed the submissions made by the learned Standing Counsel for the respondents APSRTC. 4. Having regard to the submissions made that the petitioner has already received the AMBF amount and is not eligible for compassionate appointment, the writ petition is dismissed. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 28.10.2025 GVK 4 120 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.38707 of 2015 Date: 28.10.2025 GVK