P. Hymavathi v. The Singareni Collieries Company Limited

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.16726 OF 2019 ORDER:

This writ petition is being disposed of at the admission stage with the consent of both parties.

This writ petition is filed seeking a writ of Mandamus declaring the action of the respondents in not considering the petitioner's representation dated 03.12.2018 as illegal, arbitrary, improper, unconstitutional and against the principles of natural justice and sought a consequential direction to the 2nd respondent to consider the petitioner's representation dated 03.12.2018 for appointment to any suitable post under compassionate grounds forthwith. Heard Sri D. Pochaiah, counsel for the petitioner, and Sri J.Sreenivasa Rao, Standing Counsel appearing for the respondents. It has been contended by the petitioner that her father, who was employed as Mazdoor with the respondents, had expired on 22.10.1999 while he was discharging his duties with the respondents and thereafter she has filed CA.No.

47 of 2015 before the Administrator General for grant of succession certificate, and the Administrator General was pleased to pass orders on 23.12.2006 holding that the petitioner is entitled for terminal benefits of her deceased father. Thereafter the petitioner has submitted a representation to the respondents on 03.12.2018 requesting them to provide employment to her on compassionate grounds.

Counsel for the petitioner submits that so far the respondents have neither considered the representation submitted by the petitioner nor considered the case of the petitioner for appointment on compassionate grounds. Therefore, counsel for the petitioner submits that appropriate orders be passed in the writ petition directing the respondents to consider the case of the petitioner for appointment on compassionate grounds by duly passing orders on the representation dated 03.12.2018.

Standing Counsel appearing for the respondents had submitted that the case of the petitioner will be considered and appropriate orders would be passed on the representation submitted by the petitioner on 03.12.2018, in accordance with Rules. This Court, having considered the submissions made by the parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the case of the petitioner for appointment on compassionate grounds by disposing of the representation, dated 03.12.2018, within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 6th August 2019 v v