Kola Bhagya Laxmi v. I The Singareni Collieries Company Limited

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therdwith, the High Court may be pleased to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declaring the action of the Respondents in not protecting the pay of the employee in fixing the pay in the cadre of E.P. Operator as per the Circular Ref. No. CRP/PER/|R/C/081/1990, daled 15-12-2Ol 7 and Circular Ref. No. CRP/PER/IR/C1081172, daled 20-1'2018. and not calculating the retiral benefits of the employee basing on such pay fixation, is illegal, arbitrary and unjust and (ii) consequently direct the Respondents to protect and fix the pay of the Petitioner's husband in the cadre of E.P. Operator, notionally, from 2008 till date of his retirement and release all consequential monetary benefits including retiral benefits and accordingly fix family pension of the Petitioner on the enhanced enhanced pay by fotlowing the Circular Ref. No. CRP/PER/IR/C/081/1990, daled 15-12-20'17 and Circular Ref. No. CRPiPER llRlClO81,t7 2, dated 20-1 -201 8. IA NO: oF 2025 1 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 to consider the representation of the Petitioner dated 29- 8-2024 for pay protection of employee in the cadre of E.P. Operator as per the Circular Ref- No. CRP/PER/IR/CiOB111990, dated 15-12-2017 and Circular Ref. No. CRP/PERI lRl C|OB1l72, dated 20-1-2018. Counsel for the Petitioner : SRI SAI PRASEN GUNDAVARAM Counsel for the Respondents: SRI P.SRI HARSHA REDDY, SC FOR SCCL The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO.4548 OF 2025 ORDER: This Writ petition is filed challenging the action of the responilents in not protecting the pay of the petitioner's husband consequent to the medical invalidation in the year 2009 and not releasing and computing the retiral benefits as per the Circular dated 20.01'2018 issued by Singareni Collieries Company Limited.

2.HeardSrisaiPrasenGundavaram,learnedcounselforthe petitioner and sri P. Sri Harsha Reddy, learned standing counsel for Singareni Collieries, for the respondents. Perused the material on record.

3. The brief facts of the case are that the petitioner is the wife of the deceased employee, who was employed as an E.P' Operator on

24.t7.1g1g.In vieh/ cf heart attack in 2009, the husband of the petitioner was declared med,ically unfit for the post of E.P. Operator and was provided alternative employment as a General Mazdoor, by reducing his pay from Rs.10,546l- to Rs.6,430/-. Despite representations from the petitioner's husband and union, the pay protection policy was not implemented. As a result, the husband of the petitioner filed W.P.No.384 of 2012 before this Court. and the same was allowed on 08.03'2016, directing the respondents to revise the pay of the petitioner's huslrand. I However, the resDondents filed Writ Appeal No.1037 ot 2077 and the same was allowed ot ?-5.07.2017. 4, Learned coirnscl for the petitioner further submits that in the subsequent years, the petitioner's husband continued to face firiancial hardships due to non-implementation of the pay protection policy. He suffered another heart attack in May,2018 and accordingly, he was medically declared unfit for further service on 10.12.2018. The petitioner's husD3nd i-etired on 13.01.2019, but the respondents failed to apply the pay protection policy while calculating his pension and gratuity. The husband of the petitioner died on 02.L0.2022. Thereafter, the pelitio.ler made representation on 29.08.2024, requesting the management to extend pay protection and pay the pension and gratuity accordingly. But, the respondents have not passed any orders on the said representet on. Aggrieved by the same, the petitioner has filed the present writ p€'titiDn

5. Learned cor.insel for the petitioner submits that appropriate orders be passed in the writ petition directing the respondents to consider representation dated 29.08.2024 and pass appropriate orders in accordance with la n,

6. Learned Standing Counsel for the respondents did not dispute the submissions mader DV the learned counsel for the petitioner and submits that the respondents wiil consider the representation dated 29.08.2024 of A { the petitioner and pass appropr,ate orders in accordance with law, a reasonable period.

7. In view of the above submissions made by the learned counsel for the respective parties, without going into the merits of the case, this Writ Petition is disposed of, directing respondent No.2 to consider the representation dated 29.A8.2024 of the petitioner and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. There shall bre no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SD/. K. AMMAJI AS IS ANT REGISTRAR ECTION OFFICER To, lTheChairmanandManagingDirector,singareniCollieriesCompanyLimited, Singareni Bhawan, Red Hills, Hyderabad' 2TheDirector(PAandW),Corporateoffice,.SingareniCollieriesCompany ' ii.it"o, k"inaguoem' Bhddradri-KothagudemDistrict 3. The General Manager (CGM)' Singareni Collieries Company Limited' " rvil"n rg-;;-Ai"r' rrrr in,ig,,,, B had rad ri Kotha g udem Di strict 4. One CC to SRI SAI PRASEN GUNDAVARAM' Advocate' [OPUC] 5 6 $ oneCCtoSRlP.SRIHARSHAREDDY,SCforSingareniCollieries Company Limited. [OPUC] Two CD CoPies. BSK GJP HIGH COURT DATED:1710212A25 ( oG. i r.': S)4 ]( =+o 2 5 rrrR 5g pnTc * ORDER WP.No.4548 ol'2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .9 @er fu^v