Ch. Ram Reddy v. The Singareni Collieries Company Limited, Rep. By Its

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.27115 of 2016 ORDER:

This writ petition is filed seeking the following relief :- " ..... to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing Advance Intimation of Retirement vide Ref.No.SRP/ RK-7/ 20I5/ W/ 9/ 2964, Mine:RK-7inc, dated 16.06.2015 (issued on 04.06.2016) pending representation dated 26.06.2015 as illegal, arbitrary pending confirmation alongwith Circular No. CRP/ PER/ IR/ A/ 51/ 1864 dated 16.08.2012 ......" Heard Sri K.Buchi Babu, the learned counsel for petitioner and the learned Standing Counsel for respondents. It has been contended by the petitioner that while he was working as Muccadam, the respondents have issued Advance Intimation of Retirement to the petitioner vide proceedings dated 16.06.2015 intimating him that he would be retiring from service on 30.06.2016.

Immediately, the petitioner has submitted a representation to the respondents on 26.06.2015 requesting to continue him in service till he attains the age of superannuation as per his correct date of birth. But, so far, the respondents have not passed any orders on the said representation and retired the petitioner forcibly with effect from 30.06.2016. Learned counsel for the petitioner has contended that appropriate orders be passed in the writ petition directing the respondents to consider the representation submitted by the petitioner on 26.06.2015 and pass appropriate orders in accordance with law.

The learned Standing Counsel appearing for the respondents has contended that the representation of the petitioner dated 26.06.2015 will be considered and appropriate orders would be passed in accordance with law.

This Court, having considered the rival submissions of the learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the representation submitted by the petitioner on 26.06.2015 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.

With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 03-07-2019 Prv