l. P. Kohdaiah v. 1. The Singreni Collieries Company Limited

Petition Under Article 226 of lhe Constitution of lndia prbying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a . writ, order 9r direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ, or order or direction a. declaring the action of the Respondents in recovering various amounts ranging from Rs.50,0001 to Rs.4,19,962/- as being an Audit Recovery without issuing any Notice and long after the superannuation of the petitioners as being illegal, arbitrary, contrary to Law being contrary to the SCCL Executive Leave Rules, 2012 as amended with effect from 11112019. the Executive Defined Contributory Pension Scheme, 2007 Fund. and as violalion of the principrles of natural justice and also violative of Articles 14, 16 and 21 of Constitution of lndia. b. consequently, issue directions to the Respondents to pay back the amount illegally recovered from the Corpus Fund of Pension under EDCPS, 2007 to the petitioners with interest with quarterly rests from the date from which the same has been recovered till the date of actual refund of the same to the Corpus Fund of Pension. c. also dqclare that the Petitloners are entitled tc, exemplary costs for having thrust this unwarranted lis on the retired Executivel; of the Respondent Company and direct payment of the same immediately by the Company and to ensure accountability of the authorities concerned recover the same from the personal funds of the officers/autho rities held responsible for the same. |.A.NO:1 OF 2025 Petition Under Sectron 151 CPC praying that in the ciroumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue directions to the Respondents to dispose of the rbpresentations of the petitioners and thereby release pension to the petitioners compu ng the same on the accumulated lvlembers Fund Account without effecting any recovery therefrom and thereby directing the respondents to payback/refund the recovered amount to'pension fund accounts of the petitioners. Counsel for the Petitioners : SRI KALLEPALLI THIRI,TMALA RAO Counsel for the Respondents : SRI P.SRI HARSHA REDDY (SC FOR SINGARENT COLLTERTES CO LTD) The Court made the following ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RA.IESHWAR RAO ) WRIT PETITION No- 5432 0F 2025 ORDER: With the consent of both the counsel, this writ petition IS disposed ol at the admission stage itself.

2. This writ petition is filed under Article 226 of Constitution of India, seeking following reliel: ". . .a) to declare the action of the Resportd_ents in recouering uaious amounts ranging from Rs.S),OOO/ - to Rs.4,19,962/, as being an Audit Recouertr without issuing ang Notice and long after the superanttuation of the petitioners as being illegat, arbitrorA, controry to Latu being contrary to the SCCL Executiue Leaue Rt,Ies, 2012 as amended uith effect from O1.O1.2O j9 the Executiue Defined Contibutory Pension Schen-te, 2OO7 tiund and. as uiolation of the principles of natural justice and_ also uiolatiue of Arttcles 14, 16 and. 2 I of Consritution of India; b) consequently issue d.irections to the Respondents to pay back the amount illegallg recouered from tlrc Corpui Fund of Pension under EDCPS 2007 to the fistitisnsTs toith interest with quarterlg rests from the clate from which the same has been recouered till the d_ate, of actual refund of the same to the Corpus Fund" of pensiLtn; c) also declare that the Petitioners are e ntitled to exemplarg costs /or hauing thntst this untuarranted lis on the retired Executiues of the Respondent Contpang and direct payment of the same immed-iatel.g bg the Company and to ensure accountabtlitg of the ctuthorities concented recouer the same Jiom the personal funds of the officers/ authoities held responsible for the and to pass...."

3. Learned counsel for the petitioners spbmitted that all the petitioners are aggrieved by the illegal recovery of various amounts ranging from Rs.50,OOO/- to Rs.4,19,962/- from the retired executives from out of the Approved Superalnuation Fund accumulated in accordance with the Executives Dehned Contribution Pension Scheme, 2OO7. The basis for the same was the purported audit para raised during the Government Audit. This recovery has been made u,ithout even issuing any notice and.long after petitioners' superannuation. It is further submitted that these recoveries are tor'vards the encashment of earned leave and half-pay leave paid to the petitioners as per the extant provisions of the SCCL Executive Leave Rules, 2O12. Thus, the recovery cannot but be said to be contrary to the SCCL Executive Leave Rules, 2012 (as amended on 01.O1.2019) and the Executive Defined Contributory Pension Scheme, 2007, which restrains any such recovery. The recovery is attributable to the erroneous interpretation of the SCCL Executive Leave Rules, 2Ol2 which came to be amended on O1.O1.2019 and lt'as made effective from 01.01.2019, whereas all the petitioners executives retired by December, 20 18. \ )

4. It is further submitted that when the above ex(lcurives n,ere in service, the respondents consequent upon wage revision introduced the SCCL Executives Defined Contribution pension Scheme, 2007, more popularly known as trDCpS-2007 understood l_,y all executives as Singareni Pension Scheme and applicable to exect_rtives who vrrere in service from O i .OL.2OOZ . That is to say the benefits under the Scheme are applicable to the executives retired after O 1.01.2007. The scheme envisages creation of a pension [und cntirel.y funded by respondents as the existing Coal Mines pension Sch eme O.ou,O." , fixed pension of 2s%o of basic pay plus DA at the time of retirement and there is no provision for increase of this fixed pension. Hence, the present scheme was formulated to provide somc succouf to the retired executives or their spouses in their sunset da-vs. This scheme also protects the interest of the retired executives. 5. Learned counsel for the petitioners brought tc, the notice of this court that in the sim,ar circumstances, this court urde order, dated 21.O7.2023, in W.p.Nos. 11408, 13463 of 202 I passed order as follows:- \ the aboue findings, both the allou.ted ctnd the respondents "In uietu of petttions are directed to paA back the atr.ounts to the petitictners recouered from the petitioner fund_s in EDCpS, _?OO7 u,trit I --'- .l \ -- of the petitioners ttith interest @) 6%o annum uithin a penod of eight (OB) weeks from the date of receipt of copg ofthis order".

6. Learned counsel for the petitioners has ' submitted that the petitioners have made representations' dated 16 'O9 '2024 ' 2l .Og.2024, 29.11.2024 and 28'OB'2O24 and till today' the respondent authorities did not consider their representations and pass any orders. Therefore, the respondent authorities may be directed to pass appropriate orders on their representatlons the petitioners have alreadY 7 . Without going into merits' stnce authorities are directed to made representations, the respondent consider the petitioners' representations and pass appropriate orders in accordance with lalr' within a period of eight weeks (O8) from the date of receipt of copv of this order'

8. In view of the above, this r'r'rit petition is disposed of' There shall be no order as to costs. I To Miscellaneous petitions pending' if any' shall stand closed' //TRUE COPY// SD/. K.SREERAMA MURTHY EPUTY REGISTRAR SECTION OFFICER

1. The Chairman and Manag ing Director, Singreni 2. The Director ( Personnel, Adminis tration and Welfare), The Singarent Sing areni Bhavan, Red Hills' PO. Khairatabad' Hyderaba Collieries Com pany Limited, Koth agudem Collieries, Kothagudem - 507101, Bhadradri Kothagudem District (Ts)

3. The Director ( Finance), The Singareni Collieries ComPanY Limlted' CompanY Limited., d -5oo oo4 (T.S.) -507 10'1 , Bhadradri Kothagud em District Kothagudem Collieries, Kothagudem (TS) fo,tr

4. The General lVanager (personner), EE and cSR., The srngareni coflieries P"nfmSi.t,Sif6i'o"mcorrieries,Kothasudem-So,101,Bhadradri /

5. One CC to SRt KALLEPALLT THTRUMALA RAO, Advoc:rre tOpUCl 6. One CC to sRt p.sRt HARSHA REDDY (sc FoR SrruC,qRrrur cdllleRtss 7. Two CD Copies CO LTD) Advocate tOpUCl SA GJP A( \ HIGH COURT DATED:2410212025 ORDER WP.No.5432 of 2025 r sr 416 rH ( .) 3 0 t{N 2[6 t .,E z d) .L ^+t * I DISPOSING OF THE W.P WITHOUT COSTS. u*tr\rs nP\o'