Bejjala Rajaiah, v. The Singareni Collieries Company Ltd., Rep., By Its

THE HON'BLE SRI JUSTI CE GUDI SEVA SHYAM PRASAD WRI T PETI TI ON No.11834 of 2007 ORDER:

This writ petition is filed for the following relief: "to issue a writ or order or direction, especially one in the nature of writ of mandamus i) declare the action of the respondent in terminating the services of the petitioner instead of providing alternative employment as illegal and arbitrary and set aside the same. ii) consequently, direct the respondent to reinstate the petitioner into service in any post other than Coal Filler (underground), duly granting all other consequential benefits, such as continuity of service, back wages etc." None appeared on behalf of the petitioner.

Heard learned counsel for the respondent.

Para 11 of the counter-affidavit, it is inter alia stated that: "An amount of Rs.3,00,000/- was paid to the writ petitioner on 20.01.2003 in lieu of his employment and after six years after receipt of the said amount, he made this claim for alternative employment, which he is not entitled and therefore, sought for dismissal of the writ petition on the ground of delay and laches.

This writ petition is of the year, 2007 and it is coming up under the caption 'for dismissal', but none appeared on behalf of the petitioner. However, in view of the averments made in the counter-affidavit which remain unopposed, this Writ Petition is dismissed for non prosecution. There shall be no order as to costs.

The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ GUDI SEVA SHYAM PRASAD,J Date : 20.03.2017 ssp