Macha Maralu Vs The State of Telangana

2- [\lacha Rqmesh, s/o Mararu, Aged about 33 years, occ. Un_Emptoyee, Rr/o B;lli"i r-r_32,^pedd a n ni pli i hu iil; y sirjil: 6" rTu r piiil n ri no?r, Ma nch eria t

¶13

AND

¶14

...PET|T!oNERS

¶15

:ilie*-",IlF:{qfl^{qrilStisfi**liBiitf;} Ssirrhti?,itfl ,Is,X[:a,o 2. The c ha i rm-a n a nd'.[va n, g i;g D i ru.to il bffii" gr- n b q. ;icoi6 ri. Jco, pu n v htft JA ff.le rn me nt co m[i n"v;, s i rb i.li' b7i, n] n"o H Nr, iiia i ra ta bad,

¶16

I o ry L i m i ted ( o c P-2 )' R G - 3 A rea,

¶17

I E:: fr",:?,e,Y?ssfi;3^{i i?} no1 i?i".to 4' The chief Medical ofrrber, r<oirraguoem, Bhadadri-Kothagudem District. 5 I[: fffi 'ftlffl,hfi :*UL3"f;7;', icJ r"''vt8' p' n v r ii' iGt, r<o tn a s uo e m,

¶18

...RESPONDENTS

¶19

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.

¶20

IA NO: 1 OF 2023

¶21

Petition under Section 151 CPC^praying that in the^{circumstances statedin} 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.

¶22

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

¶23

The Court made tlre following: ORDER

¶24

,6

¶25

HON'BLE^{MRS. JUSTICESUREPALLI NANDA}

¶26

ORDER:

¶27

HeardMr.K.Sanjeev,learnedcounselappearingon behalfofthepetitioners,learnedGovernmentPleaderfor MedicalandHealth,appearingonbehalfoftherespondent No.1 and Sri^{P.Sri Harsha Reddy' learned Standing} Counsel for^{Singareni Collieries CompanyLimited} appearing^{on behalf of the respondent Nos'2 to 5'}

¶28

2

¶29

followino^relief

¶30

"...to issue an^{appropriatewrit order or direction more} particularly one^{in the natureof Writ of Mandamus} declaring the^{3'd respondentin passing the Impugned} Order dated^{28.09.2021vide 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 Indiaand} set aside^{the Impugned Order dated 28'09'2021vide Ref} RG3/PER/^{IR/6g128g5issued by the 3'd respondentand} consequently^{direct the respondent companyto consider} the representations^{by the l't petitioner on 18'08'2022} and 25.04.2023^{and toprovide thedependent} employment^{to the 2nd petitionerpending 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.

¶35

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.

¶36

, .-,,:,, 1. ] .^..1 i:::i.+L:J:-': "!-lllil'i.. ..

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 providejob on} compassionate^grounds to the^{petitioner's son, i:e., 2nd petitioner} however, the Same had not been^{consideredaS on date.} Aggrieved by the same, the^{petitionersapproached this Court by} filing the present writ^petition.

¶41

4. PERUSED THE RECORD

¶42

(A) The relevant oortion of the impuqned order^{of the}

¶43

extracted hereunder :-

¶44

"...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^{CorporateMedicalBoard} has declared^you UNFIT for fufther^{services & not eligiblefor} Dependant Employment in the Company.^{Having regard to} the nature of disability^you are^{suffering,you havebeen} categorized under Clause No.(ii)^{of 9.4.0 of NCWA-VI.}

¶45

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 categorizedunder clause} No(ii) of 9.4.0 of^{NCWA-VIcan avail the benefit of lumpsum} payment of Rs.5 Lakhs or salary for the^{balance period till} the date of retirement,^{whicheveris less, as per Office} Memorandum,^{No.CRP/PER/IR/C/09Ll1-]-02,dated}

¶46

4

¶47

SN, J wP_16544 2023

¶48

17.O5,2073, For this !!lpose, your left over service is to be

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

5

SN, J wP 16544 2023

n !^_

Except the above. There is no change in other terms & conditions of the^{procedure, guidelines etc' of} provision of dependant employment.

¶58

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

¶59

Action may please be taken accordingly.

¶60

This issues with the approval of ComPetent Authority..."

¶61

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.

¶62

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

SN, J wP_16544]023

-l\

and for providing^job on compassionate grounds to the 2nd petitioner.

¶68

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.

¶69

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.

7

SN, J wP 16544²⁰²³

r\ i.' )

The obiect^{of compassionateappointment 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 compassionateappointmentis to} provide financial^{support to the family of the deceased} employee,wholeftthedependentsindistressandpenury. The core^{aim of the object of providing compassionate} appointment^{is torelieve the family from financial} sufferingsbeingfacedforthesuddendemiseoftheBread Winnerofthefamily.Thesufferingsbeingfacedbythe dependents^{of the deceased employeefor sudden demise} oftheBreadWinnercouldbesolvedforsomeextentby providing compassionate^{appointment toone ofthe} dependents^{of the deceasedemployee to look after the} family.Thesaidreliefshouldnotbedeniedandhencethe petitioner,s request^{forcompassionateappointment} cannot^be

¶74

comoassionate^aoPointment'

rd 10. st

I.

8

{t'

SN, J wP_t6544t2023

nd rd

oeriod.

Takino into consideration (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the rearned counset

¶83

appearing on behalf of the petitioners and the learned Standing counser for singareni corieries company Limited appearing on behalf of the respondents,

¶84

(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

¶85

above),

¶86

(d) The circular vide Ref.No.CRp/pER / tR/ B / SO2 / 7 t6, dated 18.Os.2O 22 ( referred to and extracted above),

9

SN, J wP_t6s44 2023

I{

/-ti

(e) The contents of the representations of the

¶92

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,

¶93

\

¶94

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 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

t I I I

l0

f

SN, J \1? 16544 2023

rd

nd i e er d o9 2021 ed bv 3rd