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M. Rama Mani vs Andhra Pradesh State Road Transport ... on 27 March, 2000

Simply because the management has sent up a proposal to the Government to accord permission to amend the Recruitment Rules governing the post of Cleaner for disqualifying the women candidates from a seeking appointment to the post of Cleaner, it cannot be said that the refusal of the management to consider the case of the petitioner for appointment to the post of Cleaner on that ground is justified and legal. On the other hand, the refusal is ex-facie quite contrary to the constitutional injunction contained in clause (2) of Article 16 of the Constitution as well as the provisions of Recruitment Rules framed under Section 45 of the Act governing the post of Cleaner. It is also brought to the notice of the Court that in similar fact situation a woman candidate who is the dependant of a deceased employee is appointed to the post of cleaner vide Proceedings No.E2/684(I)/96-RM (NLR) dated 10-2-1998. The instances of appointing women candidates who are dependants of the deceased employees to the posts of Cleaners under the compassionate appointment scheme are noticed by B.S.A. Swamy, J., in APSRTC v. P. Bala Tripura Sundari, . The management of the APSRTC cannot be permitted to practise invidious discrimination among the similarly circumstanced female dependants of its employees dying in harness. Therefore, I do not find any merit in the contention of the learned Standing Counsel for the APSRTC that there cannot be any direction to the management to consider the case of the petitioner for appointment to the post of Cleaner under the compassionate appointment scheme framed by the Corporation to accommodate/rehabilitate the dependants of the employees dying in harness.
Andhra HC (Pre-Telangana) Cites 3 - Cited by 1 - Full Document
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