✦ High Court of India · 17 Oct 2025

The High Court · 2025

Case Details High Court of India · 17 Oct 2025
Court
High Court of India
Decided
17 Oct 2025
Bench
Not available
Length
2,234 words

Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ or order or direction, especiafly one in the nature of writ of Mandamus- i. decrare the action of the respondents in seeking to recover the amounts from petitioners sarary/arrears towards the aleged excess paid amounts durin-q the overmen (T) period, as ilegar and arbitrary ii. consequenfly direct the resp.ndents to refund the amounts arready recovered from petitioners, towards the alleged excess paid amounts during the Overmen (T) period, by fixing their pay in Grade-B w.e.f. the date of their appointment as Overmen (T) and release all t.he consequential benefits. NO OF P. NO: !: Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the resp.ndents not to recover any amount from petitioners sarary or withhold any arnounts from NCWA-vI arrears from us towards the aleged allowances paid during the period of our overmen (T), pending disposar of the above Writ Petitirtn I.A. NOt 1 OF 2O(t7 ruvvMP. NO: OF 07) Between

1. The Singarr:ni Colleries Company Limite!, rep. by its Chairman and Managing Director Koihagudem, Khammani District.' Area, Godayarikhani, KaiimnagaT Oistiicl. -"-- -'

2. The Chief Cieneral Manager, Singareni. Collieries Company Limited, RG_2

3. The Chief General Manager, RG-3 Area, Singareni Collieries Company

4. The Superintendent of Mines, GDK-SA lncline, Singareni Collieries Company Lim ited, R G -3 Area. Godivarikha n i, kii--ni-gii-District. Limited, Goclavarikhani, Karimnagar Distiici.'-' -"'-' Limited, Gcic avarikiani, t<artmnag ji iji;iri"i. "-' ""''

5. The Collierv Manaoer. GDK-.10A lncline, Singareni Collieries Company AND ... PETITIONERSS/RESPONDENTS

1. Sourabh Suman, (EC No.176469) S/9._ Sri R. Goswami, aged about 31 years, workinq as und,er-manag6r, GDK_8A tn-tine,-Singaieni ctiri]riE" Company Ltd, Godavarikhani, ka-r-imriagar oiiiii.,i.'-'

2. M.anoj Kumar Poddar (EC.No. 1236696), s/o. sri paramanand poddar. aoed lbout.32 years, woirilg as unaer_mbnagei cDfuA"t";ji;".'$ffiI# cottieries com pa ny r_to, c"oaivaiirini ni, xin-XlliigIi oi.tria. 3. Ajay.Kumar (EC.No.410000p),^S/o..Sri upendra singh, aged about 35 vears. working as overman at 10_A rncrine,-bins;L"i"66ir"iiirit;ilp.*i'Iij: Godavarikhani, Karimnagar bistrici. -' ...RESPONDENTS/PETITIONERS 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 preased to vacate the interim orders dt. 31-5-06 issued by this Hon,bre court in wpMp 13218 ot 2006 in Wp t 0559/2006 A. 2 7m 19 20'l Petition under Section 't51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to permit the petitioners to amend the preadings, by adding para nos.S & 6 0f the affidavit accompanying to this petition as para Nos.10 (a) & 10 (b) of the affidavit filed in support of the above writ petition and to incorporate the foilowing sentence, i.e. "proceeding No .RG2 / pER / cFt2773, A06-11-2007 issued by the respondents as illegar and arbitrary and set aside the same,,at the end of para 13 (i) of the affidavit filed in support of the above writ petition. Counsel for the petitioner: SRI K. VASUDEVA REODY Counsel for the Respondents: SRI NANDIGAM KRISHNA RAO T N 1011 OF Between Shambhunath Pandev. S/o.Ctandradev panday working cDK-5 inctine, sinj6reni borii.iiEi--clilpili'ririt"a Karimnagar District as Overman at Godavarikhani, AND Godavaiikahni,KarimnagarDistii;a'--'

1. The Sinoareni Collieries Company Limited, General Manager, RGJ, Area, 2. The.collieries Manager/superintendent of Mines, GDK-S, incline. sinoareni colieries company iimite<i odaivJ;iH;i''i;;i',i,,;;;rb;:ffii, \,', ,sc, E, ,, ...RESPONDENTS Petition under Article 226 of 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 or order or direclion especially one in the nature of writ of mandamus- i). declare the action of the respondents in seeking to recover the amounts from petitioner salary towards the alleged excess paid amounts during the overman .raining period as illegal and arbitrary ii) consequently direct the respondents tc, refund any amounts recovered towards the alleged excess paid amounts during the overman training period or in the alternative direct the respondents to fix petitioner's pay Grade B w.e.t.61712001 and release all the consequential henefits iii). t.A. NO: 2 OF 2:006lWP P. NO:'12748 mrHl Petition .rnder 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 not to recover any amounts from the petitioner salary towards the allowances paid during the period of overman Trainee pending disposal of the above Writ petiiion. t.A. NO: a :2522OF Between:

1. The Singareni Collieries Company Limited, General Manager, RG-|, Area' Godavaiikahni, Karimnagar District

2. The Colli-'ries Manager/Superintendent of Mines, GDK-S, incline, Singareni Collieries Company Limited Godavarikhani, Karimnagar District .../PETITTONER /RESPONDENTS Shambhr-nath Pandey, S/o.Chandradev Panday wgrl1!n$ GDK-s ncline, Sinjareni Collieries Company limited, Karimnagar District AND as Overman at Godavarikhani, RESPONDENT/PETITONER 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 vacate the interim directions dt.24-5-2006 in WPMP no- 12748106 in WP No. 10117106. Counsel for the Petitioner: SRI K. VASUDEVA REDOY Counsel for the RespondenG: SRI NANDIGAM KRISHNA RAO WRIT PETITION NO: 11907 OF 2006 Between: Eeda Ram Kuma(EC No.1762508), S/o. Rajaiah, aged about 37 years, Working as under-Manager, OCP-Il, RG-IV Area, Singareni Collieries Company Ltd., Godavarikhani, Karimnagar District. AND I The Singareni Collieries Company LTD., rep. by its Chairman and Managing Director, Kothagudem, Khammam District.

2. The General Manager, Singareni Collieries Company Ltd., RG-IV Area, Godavarikhani, Karimnagar District. ..,PETITIONER RESPONDENTS Petition under Article 226 of 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 or order or direction especially one in the nature of writ of Mandamus i) declare the action of the respondents in seeking to recover the amounts from petitioners salary/arrears of NCWA-V|| towards the alleged excess paid amounts during the Overmen (T) period, as illegal and arbitrary. ii) consequently direct the respondents to refund the amounts already recovered from petitioner towards the alleged excess paid amount during the Overman (T) period, by fixing his pay in Grade-B w.e.f. 20,12-2000 duly granting all the consequential benefits. iii). l.A. NO: 'l OF 2 P . NO: 14804 OF 20061 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 direct the respondents not to recover any amount from petitioners salary or withhold any amounts from NCWA-V|| arrears from petitioner towards the alleged allowances paid during the period of his Overmen(T) pending disposal of the above W.P.. l.A. NO: I oF.201 P. NO: 380 80 0F 201 5) 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 permit the petitioner to amend the pleadings, by adding para nos.s & 6 of this affidavit as para Nos. 11 (a) & 11 (b) of the affidavit filed in support of the WP No.1 1907/2006 Counsel for the Petitioner: SRI K. VASUDEVA REDDY Counsel for the Respondents: NANDIGAM KRISHNA RAO WRIT PETITIOI{ NO: 'l't924 OF 2006 Between '1. R.Madhu Babu, (EC No.1762485), S/o: Venkataiah, Aged about 36 years, Working as under-Manager, VK-T incline, Singareni Colli-eries Compani t_tO.i Kothagucem, Khammam District.

2. Syed Shrakir Mohiuddin (EC No.0998588), S/o: Syed Abdul Jabbar, aged about 33 years, Working as Overman dt Mines Rescue Station (RRRL Singareni Collieries Company Ltd., Kothagudem, Khammam District. AND

1. The Singzrreni Collieries Company Limited, rep. by its Chairman and Managing Director, Kothagudem,'Khammam Distiict.

2. The Chief General Manager, Singareni Collieries, Company Limited, Kothagudr:m Area, Kothagudem, Khammam District. .PETITIONERS RESPONDENTS Petition under Article 226 of 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, especially one in the nature of writ of mandamus- i. dr-'clare the action of the respondents in seeking to recover the amounts from petitioners salary/arrears of NCWA-VIl Towards the alleged excess paid amounts cluring the Overmen (T) period, as illegal and arbitrary. ii. consequently diract the respondents to refund the amounts already recovered from petitioners, towards the alleged excess paid amounts during the Overmen (T) period, by fixing petitioners pay in Grade-B w.e.f. j 9-1-200.1 and 16',1-2001 respectively duly granting all the consequential benefits. iii. I.A. NO: 1 OF 2006(WP P. NO: 14821OF 2006) 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 not to recover any amount from petitioners salary or withhold any amounts from NCWA-VIl arrears from them towards the alleged allowances paid during the period of their Overmen (T) pending disposal of the above Writ Petition. iU l.A. NO: 1 OF 2007(WVMP..NO: 63 OF 2Q07) Between: The Singareni Collieries Company Limited, rep. by its Chairman and Managing Director, Kothagudem, Khammam District. The Chief General Manager, Singareni Collieries, Company Limited, Kothagudem Area, Kothagudern, Khammam District. ....PETITIONERS'RESPONDENT 1 2 AND 1 2 R.Madhu Babu, (EC No.1762485 Working as under-Manager, VK-7 Kothagudem, Khammam District. Syed Shakir Mohiuddin (EC No.0998588), S/o: Sy_ed Abdql J9bOq13g9! about 33 years, Working as Overtnan at Mines Rescue S.tation (RRRT), Singareni Collieries Comp-ny Ltd., Kothagudem, Khammam District. ), S/o: Venkataiah, Aged about 36 years, 'incline, Singareni Collleries Company Ltd., ...RESPONDENTS/PETITION ERS 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 vacate the interim order dated 16.6.2006 issued by this Hon'ble court in Gounsel for the Petitione/: SRI K. VASUDEVA REDDY Gounsel for the Respondents: SRI NANDTGAM KRISHNA RAO The Court made the following: GOMMON ORDER THE HON'BI,E SRI JUSTICE NAMAVARAPU RAJESHWAR RAO wRrr PETTTION NOS.1O559. 101trJ-_119O7 AND 11924 OF 2006 ORDER: When the matters are taken up for hearing, learned counsel appearing for the petitioners submitteci that the subject matter of these writ petitions are squarely covered by the order of this Court in W.P.No. 19288 of 2OO5, dated O1,09.2005, ancl requestecl this Cottrt tc pass similar order in these writ petitions.

2. Learned Stemding Counsel appcaring for the respondents has not disputed the above submission made b-v the learned counsel appearing for the petitioners.

3. In view of the said subrrrissionsi eind for the reasons alike in the order of this Cour: in W,P.No.19288 of 2005, dated 01.09.2005, these writ petitiorrs are allorved. I{o'wever, it stiali be open to ttre respondents to issue notice to th<: petitioners pointing out the reasons and basis olsuch recovery, arrd take furttrer action oir consideration ol'the explanation that may be submitted by the petitioners. 'l'here shall be no order as to costs.

4. Miscellaneous petitions pending, if any, slrail stand closed. That Rule Nisi has made Absolute as abeve witness witness THE l-{oN'l3LE cHtEF JUSTtcE APARESH KUMAR stNGH, Friday, The Seventeenth Day Of October Two Thou$and And Twenty Five P.C. SULEKHA DEVI STANT REGISTRAR //TRUE COPY// ISECTION OFFICER To, The chairman and Managing D_i1e.c!or Kothagudem, The singareni colleries Company Limited, Khamiraft District. 1

2. The chief General Ma.nager, Singareni collieries company Limited, RG-2 Area, Godavarikhani, Karlmnagai District. .ot^.l^J ^-

3. The Chief General lt/lanager, RG-3 Area, Singareni Collieries Company iirit"O, nO-i Rr"a, Godlvarikhani, Karimnagar District.

4. The Superintendent of Mines, GDK-BA lncline, singareni collieries company LimiteO, Godavarikhani' Karimnagar District'

5. The colliery Manager, GDK-10A lncline, singareni collieries company tim ited, Gcidavarikha n i' Ka rim nagar District'

6. One CC to Sri K. Vasudeva Reddy, Advocate [OPUC] T.oneCCtpsriNandigamKrishnaRao,Advocate[oPUC] 8. Two CD CoPies TJ BS ?Ah. {: HIGH COURT DATED:1711012025 \ \ T}iE S t () t * 1 1 [i8 2r12fi * COMMON ORDER WP.Nos.10559, 10117,11907 and 11924 ot 2006 ALLOWING THE WRIT PETITIONS WITHOUTCOSTS f,A&. q\z\26

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