Kothuri Kanakaiah v. The Singareni Collieries Company Limited

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO.21431 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 case of the petitioner's son for compassionate appointment on medical invalidation grounds, as illegal, arbitrary and against the principles of natural justice and sought a consequential direction to direct the respondents to consider the petitioner's representation dated 25.02.2019 and pass appropriate orders in accordance with law. Heard Sri P. Vinod Kumar, counsel for the petitioner, and Sri J.Srinivasa Rao, Standing Counsel appearing for the respondents. It has been contended by the petitioner that he was appointed as Lineman in the year 1986 with the respondents and has discharged his duties to the best satisfaction of his superiors and every one concerned. The petitioner further stated that on 21.08.

2018, he was examined by the Corporate Medical Board and declared medically invalidated and thereby he was terminated from service on medical invalidation ground. Thereafter, the petitioner has submitted a representation to the respondents on 25.02.2019 requesting them to consider the case of his son for compassionate appointment.

representation nor considered the case of the petitioner's son for appointment on compassionate grounds. Therefore, counsel for the petitioner contended that appropriate orders be passed in the writ petition directing the respondents to consider the representation submitted by the petitioner on 25.02.2019 and pass appropriate orders in accordance with law.

Standing Counsel appearing for the respondents had contended that since the representation submitted by the petitioner is pending with the respondents, the respondents would consider the same and pass appropriate orders within a reasonable period of time. This Court, having considered the submissions of learned counsel for 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 25.02.2019 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.

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

Pending miscellaneous petitions, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 8th November, 2019 v v