Golla Anjaiah v. The State Of Telangana And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.14377 of 2019

ORDER

This Writ Petition is filed seeking the following relief: "to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in not providing the compassionate appointment to the petitioner's son and not considering the application dated 25-06-2019 for compassionate appointment in spite of the fact that the petitioner has been declared as unfit by respondent No.

2, when a similarly placed retired employee Sri Chilumala Rajanarsu's son Chilumala Hariprasad was granted compassionate appointment on similar grounds, as illegal, arbitrary in violation of Article 14 under the Constitution of India and in violation of principles of natural justice and consequently to provide compassionate appointment to the petitioner's son in Singareni Collieries Company Limited pursuant to CRP/PER/IR/C/081/305,dated09/03/2018 and pass such other order or orders as this Hon'ble Court deems fit and necessary in the interest of justice." Heard Sri S.Ravindranath, learned counsel appearing for the petitioner, and learned Standing Counsel appearing for the respondents.

It is the case of the petitioner that the petitioner was appointed as Badili Worker and thereafter, promoted as Coal Filler. While discharging his duties as such, he was declared unfit by the Medical Board vide proceedings dated 23.03.2019. Thereafter, he submitted an application on

25.06.2019 seeking appointment on compassionate grounds to his son. But so far, no orders have been passed thereon. Learned counsel appearing for the petitioner submits that the 2nd respondent-Company has considered the case of one retired employee viz., Chilumala Rajanarsu and given appointment to his son on compassionate grounds and though the petitioner is similarly situated like the said Chilumala Rajanarsu, his case was rejected. It is contended that appropriate orders be passed by directing the respondent-Company to consider the representation of the petitioner dated 25.06.2019 for compassionate appointment to his son.

Learned Standing Counsel appearing for the 2nd respondent-Company submits that the case of the petitioner would be considered and appropriate orders would be passed on the representation submitted by him, in accordance with law.

Having considered the rival submissions made by the learned counsel on either side, this Writ Petition is disposed of directing the 2nd respondent-Company to consider the representation dated 25.06.2019 of the petitioner taking into consideration the fact that the son of a retired employee viz.,

Chilumala Rajanarsu was given appointment on compassionate grounds, and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs. Miscellaneous petitions, pending, if any, shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI 29th July, 2019 rkk