The High Court · 2025

icJ r"''vt8' p' n v r ii' iGt, r<o tn a s uo e m, ...RESPONDENTS Petition under Article 226 of the constitution of tndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the 3rd respondent in passing the lmpugned order dated 28lgt2o21 vide Ref RG3/PER/tR/69/2895 is iltegat, arbitiary, unconstitutional, violation principles of natural justice and atso in violation of Articles 14, 16 and 21 of ihe constitution of lndia and set aside the lmpugned order dated 28tgl2o21 vide Ref RG3/pERytR/69/2895 issued by the 3rd respondent and consequently direct the respondent company to consider the representations by the 1st petitioner on 18tgt2o22 and 25t4/2023 and to provide the dependent employment to the 2nd petitioner. IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High Couft may be pleased to suspend the operation of the proceedings pursuants to the lmpugned Order dated 28.9.2021 vide Ref RG3/PER/!R/69/2895 issued by the 3rd respondent, by directing the 3rd respondent to corisider the representations by the 1st petitioner on 18.8.2022 and 125.4.2023 and to provide the dependent employment to the 2nd petitioner pending rlisposal of the writ petition. Counsel for the Petitioners: SRI KALVALA SANJEEV Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FW Counsel for the Respondent Nos.2 TO 5: SRI P.SRI HARSHA REDDY, SC FOR SCCL The Court made tlre following: ORDER ,6 HON'BLE MRS. JUSTICE SUREPALLI NANDA ORDER: HeardMr.K.Sanjeev,learnedcounselappearingon behalfofthepetitioners,learnedGovernmentPleaderfor MedicalandHealth,appearingonbehalfoftherespondent No.1 and Sri P.Sri Harsha Reddy' learned Standing Counsel for Singareni Collieries Company Limited appearing on behalf of the respondent Nos'2 to 5' 2 followino relief "...to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the 3'd respondent in passing the Impugned Order dated 28.09.2021 vide Ref RG3/PER/IR/6912895 issued by the 3'd is illegal, arbitrary' unconstitutional' violationprinciplesofnaturaljusticeandalsoinviolation of Articles L4, L6 and 21 of the Constitution of India and set aside the Impugned Order dated 28'09'2021 vide Ref RG3/PER/ IR/6g128g5 issued by the 3'd respondent and consequently direct the respondent company to consider the representations by the l't petitioner on 18'08'2022 and 25.04.2023 and to provide the dependent employment to the 2nd petitioner pending disposal of the writ Petition and Pass "'" 2 SN,.I wP_t6544_2023 3 i) The first petitioner was appointed as Generar Mazdur on 16'10'1986 and rendered about 28 years of service. The 1rt petitioner was suffering from serious airments such as GAD_USA, RVD, HBsAg Reactive and cVA and became unfit for the job from L2.04.20t9. ii) The 1-st petitioner appried for medicar review before the corporate Medicar Board on 17.os.2oLg but the review was delayed due to covlD-lg pandemic. In the meantime, the 1rr petitioner was kept in the sick list and 1't petitioner,s service was not extended up to 30.06.2022 as per the circurar guiderines. on 23.06.2o21, the Corporate Medicar Board dectared 1sr petitioner unfit for serrrice and inerigibre for dependent emproyment, which was confirmed by the impugned order dated 28.09.2021 0f the 3'd respondent. , .-,,:,, 1. ] i:::i.+L:J:*-': *. "!-lllil'i.. . . ..1 6 3 SN, J wP 16544 ZO23 iii) The 1't petitioner submitted applications dated L8.08.2022 and 25.04.2O2L to the respondent No.3 seeking to release terminal benefits to the petitioner No.1 and to provide job on compassionate grounds to the petitioner's son, i:e., 2nd petitioner however, the Same had not been considered aS on date. Aggrieved by the same, the petitioners approached this Court by filing the present writ petition.

4. PERUSED THE RECORD (A) The relevant oortion of the impuqned order of the extracted hereunder :- "...You have been examined by the Corporate Medical Board at Main Hospital, Kothagudem on 23.06.2021. You were found to be suffering from CAD-USA, RVD, HBs Ag Reactive, Old CVA recovered. The Corporate Medical Board has declared you UNFIT for fufther services & not eligible for Dependant Employment in the Company. Having regard to the nature of disability you are suffering, you have been categorized under Clause No.(ii) of 9.4.0 of NCWA-VI. The Competent Authority has approved the cases of employees who were above 58 years of age and found to be Medical Unfit for further Service having regard to the disability which they were suffering categorized under clause No(ii) of 9.4.0 of NCWA-VI can avail the benefit of lumpsum payment of Rs.5 Lakhs or salary for the balance period till the date of retirement, whichever is less, as per Office Memorandum, No.CRP/PER/IR/C/09Ll1-]-02, dated 4

17.O5,2073, For this !!lpose, your left over service is to be SN, J wP_16544 2023 of your dues. authority...,, (B) hereunder:- In accordance with Item no. 2 of Memo of Settlenr ent dt. L9.04.2022 entered i nto with Tela ngana Bog gu Gani Karmika Sa ng am (TBGKS) and 5 other unions affiliated to Central Trade Unions i.e. SCWU (AITUC), SCMLU (rNruc), SM&EW Union (HMS ), SCEU (CITU) and SCM KS (BMS) at Hyderabad, it has been n!^_ 5 SN, J wP 16544 2023 Except the above. There is no change in other terms & conditions of the procedure, guidelines etc' of provision of dependant employment. Cases of dependants covered in the above criteria, if any pending, may be forwarded to GM(Per) Wel&RC with details in a self contafred Note for Action may please be taken accordingly. This issues with the approval of ComPetent Authority..."

5. Learned counsel for the petitioners submits that the petitioners made detailed representations dated

18.O8.2O22 and 25.0,4.20.23 to the 3'd respondent seeking grant of terminal benefits and to provide iob on compassionate grounds to the 2"d petitioner, who is the son of the 1"t petitioner. However, the same have not been considered till date.

6. Learned counsel further submits that, as per the latest circular dated 18.0.5.2022 issued by Singareni Collieries Company Limited, the petitioners are entitled for consideration of their case for release of terminal benefits ( 6 -l\ SN, J wP_16544]023 and for providing job on compassionate grounds to the 2nd petitioner.

7. Sri P. Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited, appearing on behalf of the respondents fairly, submits that the representations of the petitioners dated 18.08.2022 and 25.04.2023, addressed to the 3'd respondent subsequent to the impugned orders dated

28.09.2021 issued by the 3'd respondent, did not specifically refer to consideration of the petitioners'case for grant of relief as sought for in the present writ petition, in terms of the circular instructions dated 18.05.2022 issued by thg respondent company, which are in fact in favour of the petitioners and therefore the petitioners may be directed to submit a detailed representation, duly enclosing the circular dated 18.05.2022 (referred to and extracted above), to the respondents, and the same would be considered in accordance with law.

8. Learned counsel appearing on behalf of the petitioners does not dispute the said submission made by the tearned Standing Counsel appearing on behalf of the respondents company. r\ i.' ) 7 SN, J wP 16544 2023

9. The obiect of compassionate appointment is a social security measure to support the family of the deceased government servant, who dies in harness' The aim and object of the policy for compassionate appointment is to provide financial support to the family of the deceased employee,wholeftthedependentsindistressandpenury. The core aim of the object of providing compassionate appointment is to relieve the family from financial sufferingsbeingfacedforthesuddendemiseoftheBread Winnerofthefamily.Thesufferingsbeingfacedbythe dependents of the deceased employee for sudden demise oftheBreadWinnercouldbesolvedforsomeextentby providing compassionate appointment to one of the dependents of the deceased employee to look after the family.Thesaidreliefshouldnotbedeniedandhencethe petitioner,s request for compassionate appointment cannot be comoassionate aoPointment'

10. I. 8 {t' SN, J wP_t6544t2023 oeriod.

11. Takino into consideration (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the rearned counset appearing on behalf of the petitioners and the learned Standing counser for singareni corieries company Limited appearing on behalf of the respondents, (c) The impugned order of the respondent No.3 vide reference No'RG3/pER/rR/ 69 / 2Sg5 dated 28.09.2021 issued to the petitioner herein (referred to and extracted above), (d) The circular vide Ref.No.CRp/pER / tR/ B / SO2 / 7 t6, dated 18.Os.2O 22 ( referred to and extracted above), /-ti 9 SN, J wP_t6s44 2023 (e) The contents of the representations of the petitioners dated 18.O8.2O 22 and 2.5.04.2Cl231 (f) The discussion and conclusion as arrived at paragraph Nos.5 to 1O in the present order, The Writ Petition is disoosed of directinq the petitioners to ,submit a detailed representation to respondent No.3 seekino release of terminal benefits to the 1st petitioner and qrant of compassionate aopointment to the 2nd petitioner, duty enclosinq the latest circular ouidelines issued vide circular dated 18.05.2022 vide Ref.No.CRP/PER/IR/B/5O2l715, within a period of one (1) week from the date of receipt of a copv of this order. \ Upon such representation beinq submitted, respondent No.3 shall consider the reouest of the oetitioners for { I release of terminal benefits to the 1st petitioner and qrant of comoassionate aopointment to the 2nd oetitioner. in terms of the circular ouidelines issued by the resoondent companv vide circular Ref.No.CRP/PER/IR/B/5O2l716 dated 18.O5.2O22 dulv considerinq the oleqs out forth by the petitioners vide 1st petitioner's representations dated l0 f SN, J \1? 16544 2023 i e er d o9 2021 ed bv 3rd rhe misce[aneous apprications, pending if any, shail stand closed. SD/.P. PONNA KI ASSISTANT REG RISHNA ISTRAR t\ t I I I //TRUE COPYII To 1 2

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8. o PSK. BS ,M/ t I CC TODAY HIGH COURT DATED:13/0 Bt202S ORDER WP.No.1GS44 ot 2023 THE S c Y () 'f 1 t] CIEfi 2C2! * DISPOSING OF THE WRIT PETITION WITHOUT COSTS o