Dismissed

Nitturi Laxmaiah, v. The Chairman and Managing Director

Telangana HC27 Apr 2017WP/3016/2017

Case brief

AI extract

What is this about?

The single judge dismissed multiple writ petitions challenging the dependent employment benefits under the voluntary retirement scheme. The court held that the scheme itself had been invalidated by a Division Bench, affirmed by the Supreme Court, making the current petitions infructuous.

What did the court decide?

None; the writ petitions were dismissed as infructuous.

Nitturi Laxmaiah, Vs The Chairman and… — Pension and Retirement Benefits | Telangana HC (2017)

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HONOURABLE SRI JUSTICE P. NAVEEN RAO

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Writ Petition Nos. 46583, 46587, 46858 and 46859 of 2016; 35, 219, 2923, 2927, 3016, 3034, 3038, 3059, 3070, 3304, 3338, 3346, 4181, 4413, 5220, 5307, 6295, 6514, 6518, 6627,8479 and 8533 of 2017

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Date : 27.4.2017

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WP No. 46583 of 2016

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Between : Asam Krishnaiah S/o Mondaiah EC No. 2103333, Aged about 55 yrs, Occu : Tyndal, IK-1A Incline S Area R/o Tandur, Adilabad

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Petitioner

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And

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The Chairman and Managing Director, Singareni Collieries Company Ltd, Singareni Bhavan, Red Hills, Hyderabad and others Respondents The Court made the following:

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PNR,J WP 46583 OF 2016 & BATCH

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HONOURABLE SRI JUSTICE P. NAVEEN RAO

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Writ Petition Nos. 46583, 46587, 46858 and 46859 of 2016; 35, 219, 2923, 2927, 3016, 3034, 3038, 3059, 3070, 3304, 3338, 3346, 4181, 4413, 5220, 5307, 6295, 6514, 6518, 6627,8479 and 8533 of 2017

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COMMON ORDER:

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Heard learned counsel for petitioners and Sri J Srinivasa Rao, learned standing counsel for respondent Singareni Collieries Company Limited.

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Since the issue raised in all these writ petitions is similar, they are disposed of by this common order.

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The prayer sought for in WP No. 46583 of 2016 reads as under:

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“………..to issue to a writ, order or direction and more particularly one in the nature of writ of Mandamus declaring that the high handed acts, deeds and things of the Respondents in not extending the benefits of dependent employment on the voluntary Retirement scheme on health reasons for NCWA employees to the petitioner basing on the circular No.CRP/PER/IR/V/623/1935 dated 20-12-2016 as illegal, arbitrary and violative of principles of natural justice and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of case and in the interest of justice, otherwise I shall be put to grave hard ship.”

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Similar relief is sought in all other writ petitions. Writ petitioners challenged the clauses in dependant employment on voluntary retirement scheme on health grounds notified on 20.12.2016 and seek the extension to petitioners also. This very scheme is challenged in W.P (PIL) No. 19 of 2017.

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The Division Bench of this Court by judgment dated 16.3.2017 set aside the very scheme which petitioners seek extension to them. The decision of Division Bench is affirmed by the Supreme Court in SLP ( C ) Nos. 11566 and 11268 of 2017 dated 17.4.2017.

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PNR,J WP 46583 OF 2016 & BATCH

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In view of the judgment of the Division Bench as affirmed by the Supreme Court, the cause in these writ petitions does not survive. Accordingly, these writ petitions are dismissed as infructuous. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed.

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_________________ P NAVEEN RAO,J

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DATE: 27.4.2017 TVK

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PNR,J WP 46583 OF 2016 & BATCH

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HONOURABLE SRI JUSTICE P. NAVEEN RAO

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Writ Petition Nos. 46583, 46587, 46858 and 46859 of 2016; 35, 219, 2923, 2927, 3016, 3034, 3038, 3059, 3070, 3304, 3338, 3346, 4181, 4413, 5220, 5307, 6295, 6514, 6518, 6627,8479 and 8533 of 2017

Date: 27.4.2017

PNR,J

WP 46583 OF 2016 & BATCH

Nitturi Laxmaiah, v. The Chairman and Managing Director

Case brief

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Nitturi Laxmaiah, v. The Chairman and Managing Director

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