Keesari Lakshminarayana, Godavarikhani,Karimnagar District v. The Singareni Collieries Co.Ltd., Khammam District And Another

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 8816 OF 2007 Between:

Keesari Lakshminarayana, S/o.Late K.Rayamallu Unemployee R/o.H.No.9-7-284, Vittal Nagar, Godavarikhani, Karimnagar District ...,ET'T,ONER AND

1. The Singareni Collieries Company Ltd., rep. by its Director (PA&W),Kothagudem, Khammam District

2. The Chief General Manager, RG-ll, Area, Singareni Collieries Company Ltd., Godavarikhani, Karimnagar District.

.,.RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction especially one in the nature of writ of mandamus: i.

declare the action of the respondents in not providing employment on compassionate grounds to the petitioner as illegal and arbitrary ii.

consequently direct the respondents to provide any suitable employment to the petitioner on compassionate grounds.

Counsel for the Petitioner: SRl. K. VASUDEVA REDDY Counsel for the Respondents: SRI NANDIGAM KRISHNA RAO SC FOR SINGARENI COLLIERIES The Court made the following: ORDER

lTHE HON'BLE SRI JUSTICE P,NAVEEN RAO WRIT PETITION No.8816 OF 2OOz RDER:

Heard learned counsel for the petitioner and learned standing counsel for the Singareni Collieries Company Limited for the respondents.

2.

Father of the petitioner died on 27.O1.1974 while working in the respondent - Company. Petitioner was born on 05.08. 1974. He made application to provide employment on compassionate grounds on 14. 1 1.1996. Alleging inaction on the said application and that employment is not provided to the petitioner, this Writ Petition was instituted in April, 2007.

3.

In the counter affidavit filed by the respondents, they oppose the claim oi the petitioner on the ground that at the time of death of father of the petitioner, petitioner was not even born. According to the policy of the respondent - Company, the person seeking employment on compassionate grounds must have 18 years. The claim for employment as a dependent of the deceased employee was made more than 22 years after death of the employee and Writ Petition was filed in the year 2OO7.

4.

Compassionate appointment is intended to elevate the family from the financial difficulties on account of sudden death of the earning member of the family. After 22 years, it cannot be said that the family is still dependent on the deceased. Further, the petitioner took another nine years to institute the writ Petition.

-Jit In view of the same, the claim in the Writ Petition is not maintainable and the Writ Petition is liable to be dismissed. 5.

The Writ Petition is accordingly dismissed. There sha1l be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

SD/. M, MANJULA ASSIS TRAR //TRUE COPYi/ SECTION FFICER \ To, . One CC to Sri K. Vasudeva Redd . One CC to Sri Nandigam Krishna . Two CD Copies y Advocate [OPUC] Rao, SC for Singareni Collieries IOPUCI CHR J&'Sr

\ HIGH COURT 1tlE STA ( \ (>\\ 15 HAI 2U0 a) l.:

-;,..;;;,r1'l

ORDER

W.P.No.8816 of 2OO7 DISMISSING THE WRIT PETITION WITHOUT COSTS % \"*