Tendra Banaiah v. The Chairman And Managing Director,

Writ Petition Nos. 46583, 46587, 46858 and 46859 of 2016; 35, 219, 2923, 2927, 3016, 3034, 3038, 3059, 3070, 3304, 3338, 3346, 4181, 4413, 5220, 5307, 6295, 6514, 6518, 6627,8479 and 8533 of Date : 27.4.2017 WP No. 46583 of 2016 Between :

Asam Krishnaiah S/o Mondaiah EC No. 2103333, Aged about 55 yrs, Occu : Tyndal, IK-1A Incline S Area R/o Tandur, Adilabad Petitioner And The Chairman and Managing Director, Singareni Collieries Company Ltd, Singareni Bhavan, Red Hills, Hyderabad and others Respondents The Court made the following:

Writ Petition Nos. 46583, 46587, 46858 and 46859 of 2016; 35, 219, 2923, 2927, 3016, 3034, 3038, 3059, 3070, 3304, 3338, 3346, 4181, 4413, 5220, 5307, 6295, 6514, 6518, 6627,8479 and 8533 of 2017 COMMON ORDER:

Heard learned counsel for petitioners and Sri J Srinivasa Rao, learned standing counsel for respondent Singareni Collieries Company Limited.

2.

Since the issue raised in all these writ petitions is similar, they are disposed of by this common order.

3.

The prayer sought for in WP No. 46583 of 2016 reads as under: "...........to issue to a writ, order or direction and more particularly one in the nature of writ of Mandamus declaring that the high handed acts, deeds and things of the Respondents in not extending the benefits of dependent employment on the voluntary Retirement scheme on health reasons for NCWA employees to the petitioner basing on the circular No.CRP/PER/IR/V/623/1935 dated 20-12-2016 as illegal, arbitrary and violative of principles of natural justice and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of case and in the interest of justice, otherwise I shall be put to grave hard ship." 4.

Similar relief is sought in all other writ petitions. Writ petitioners challenged the clauses in dependant employment on voluntary retirement scheme on health grounds notified on 20.12.2016 and seek the extension to petitioners also. This very scheme is challenged in W.P (PIL) No. 19 of 2017.

5.

The Division Bench of this Court by judgment dated 16.3.2017 set aside the very scheme which petitioners seek extension to them. The decision of Division Bench is affirmed by the Supreme Court in SLP ( C ) Nos. 11566 and 11268 of 2017 dated 17.4.2017.

6.

In view of the judgment of the Division Bench as affirmed by the Supreme Court, the cause in these writ petitions does not survive. Accordingly, these writ petitions are dismissed as infructuous. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed.

_________________ P NAVEEN RAO,J DATE: 27.4.2017 TVK

Writ Petition Nos. 46583, 46587, 46858 and 46859 of 2016; 35, 219, 2923, 2927, 3016, 3034, 3038, 3059, 3070, 3304, 3338, 3346, 4181, 4413, 5220, 5307, 6295, 6514, 6518, 6627,8479 and 8533 of 2017 Date: 27.4.2017