- (1.) Leave granted in both the matters.
(2.) The facts in both the appeals are similar. For the sake of convenience we are referring to the facts in C.A. arising from S.L.P. (C) No. 16621/97.
(3.) Husband of the respondent, who was a driver with the appellant-Andhra Pradesh State Road Transport Corporation, died in harness on 27-10-1992. On 11th January, 1994 the respondent submitted an application for appointment as an Attender on compassionate grounds. Under Circular dated 13th July, 1988 issued by the Corporation, a provision is made for considering spouse/children of employees who have died in harness for recruitment on compassionate grounds. The Circular prescribes minimum qualifications for the candidates seeking appointment on compassionate grounds. In Clause (1) of the Circular it is further provided that the spouse or one child of an employee who has died in harness can be considered for appointment if (i) none of the children or spouse of the employee who has so died, is already employed; (ii) the candidate is in possession of the requisite qualifications as prescribed in Recruitment Regulations and (iii) there is a sanctioned vacancy. Clause 8 of the Circular further provides that there are no vacancies of office boys/girls/or sweeper and hence cases of spouse/children of an employee who has died in harness shall not be considered for appointment to the post of sweeper or office boy or office girl. Clause 10 provides that additional monetary benefits will be sanctioned wherever it is not possible to provide employment to the spouse/children of an employee who has died in harness on or after 13th August, 1981.;