High Court · 2025

Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declaring the action of the Respondents in not paying Monthly lr/onetary Compensation MItIC)/Lump sum amount of Rs.3,00,000/- nor given an alternative appointment with the same scale of pay as per the Persons with Disabilities (Equal Opportunities, Protection of Rights and full Participation) Act, 1995 and thereby set aside the impugned letter No.Ref.No.YLDtJK-IIW11412564 dated 27.1O.2008 of Respondent No4 as illegal, contrary to law, contrary to the circulars, non-application of mind, discriminate in nature, violative of Article 14 and 21 0f constitution of lndia and the circulars issued on 11-04.2007 and consequently direct the Respondents to pay the lump sum amount of Rs.:i,00,0001 or IVItr/ C with arrears with interest r)- directing them to give an alternative appointment with the same scale of pay as per the provision of the Persons witlr Disabilities (Equal Opportunities, Protection ol Rights and full Participation) Act, 'l{195 with all consequential and monetary and service benefits, in the interest of lustice. lA NO: 1 OF 2019 Petition und13r 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 pay interim lvlonthly Monetary Compensation (l\,4IVIC) or salary as drawn as on the date of declaring the Petitioner medlcally unfit or alternative arrangements are taken place as per the Persons with Disabilities (Equal opportunities, Proter;lion of Rights and full Participation) Act, j 9t)fi in the interest of justice. Counsel for the Petitioner: M/s. K.BHARGAVI FOR M/s. K.UDAYA SRI Counsel for the Respondents: SRI P.SRI HARSHA REDDY, SC FIOR SINGARENI COLLIERIES CO.LTD The Court made the following: ORDER THE HON'BLE SRI JUSTTCE PULLA I{ARTHIK WRIT PETITION No.5262 of 2OL9 ORDER: Aggrieved by the inaction of the respondents in paying the Monthly Monetary Compensation (MMC)/Lump Sum Amount of Rs.3,0O,OO0/- or providing an alternative employment, as per the provisions oi the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the present writ petition is filed.

2. Heard Ms. K. Bhargavi, learned counsel, representing Ms. K. Udaya Sri, learned counsel for the petitiooer, and Sri P. Sri I{arsha Reddy, learned Stalding Counsel for the respondents.

3. Learned counsel for the petitioner submits that while the petitioner was working as a Genera-l Mazdoor in the respondent Corporation, he was declared as medically unht by the Corporate Medical Board vide proceedings dated 15.11.2006. Therefore, the petitioner made an application to the respondents, claiming Monthly Monetary Compensation as per the Circular vide Ref.No.CRP/PtrRllRlS /53214543 dated ll.O4.2OO7. However, the respondents have erroneously rejected his claim on the ground that the petitioner's wife is working as a Teacher in the Singareni Collieries School, but the said employment of the petitioner's wife is not a bar on the respondents to pay the MMC/Lump Sum Amount 2 PK, ,] I',/.P.No.5262 of 2Otg in lieu of deperLclart employment, to the petitioner, as pe r the National Coal Wage Agreement. Therefore, learned counsel for the petitioner prays this Court to p:rss necessary orders in the present writ petition.

4. Learned ritanding counser for the respondents submits that petitioner's wifer s<:rved as a Teacher in the Singarenr Collieri,:s School ald had retired on Oj,.12.2023. As such, the case of the petitioner for payment of Monthly futo:le1ary Compensation was rejected. Howevcr, it is fairly submitted that in the event of the petitioner submitting a representation claiming the Lump Sum Amount, the respondents u,ill cons;iCer the same ald pass appropriate orders in accordalce with law. 5. At this ju,cture, learned counsel for the petitioner ac<:edes with the above arra-ngem..t, and prays this Court to perrnit the petitioner to make a fresh representation to the respondents, claiming the Lump Sum Amount, and [u rther prays to issue necessary direc1.i,:ns to the respondents_ 6' Having regar<l to the submissions made by learned counser for the respective partiesr, the writ petition is disposed of permitting :he petitioner to make a fresh reltresentation to respondent No.2, seeking the payment of Lump Sum Amo-u1t, within a period of ten (10) days from the date of receipt of a copv r)f this order. on receipt of such represental.ion from the 3 PK, J W.P.No.5262 of 2019 petitioner, respondent No.2 shall consider the same in light of the Circular vide Ref.No.CRP/PER/IR/S /53214543 dated Ll.O4.2OO7 ' and pass appropriate orders thereon, strictly in accordance with law, as expeditiously as possible, preferably within a period of four (O4) weeks thereof, and communicate a copy thereof to the petitioner' Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs //TRUE COPY// ASSI ,?'iil+"#'.,l'+[Ik ECTTO N OFFICER \ \ 'o.,,n"chairmanartdf\43ifts,,??P, j!"""ji'dii:?lJs?i3;[".'i".?"Cd",i'|JX]:X'JJ], ;il{5;+';H,u,l"*.ffi ru:o,Ju:.:'rru",tff ll:t?:^:?'.}rTl13* .,,:ii::thiftqi'ffi{1t""j,'f ii*^'"*;m*,.rriS;,ll"r*t?ii,H'*"0(o Government compa -*stt6,r;11',;$:n:a,:1";ll?i:,ti"".1"N[TS.%i'*']:*Jf, agudem - ,$[i:5[#ilf-',J.ffit'.shi'}sr,"sv:EsP3k s NGAREN coLL ER ES

7. Two CD CoPies o PSK GJP /I 74{{,'e sta, /i} c 0 7 lllrfl 2$ :)rl j p^r * HIGH COURT DATED:1810212025 ORDER WP.No.5262 r>f 2019 DISPOSING OF THE WRIT PETITION WITHOUT COSTS