Mrs Vimula Bhagya Rekha v. State Of Telangana

HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.39641 of 2022 ORDER:

This writ petition is filed under Article 226 of constitution of India seeking the following relief:

(i) ....'to issue an writ of mandamus to declare the action of the respondent No.2 and direct the Respondent No 2 and Respondent No.3 to act upon the Complaint submitted by the Petitioner at its offices in a speedy manner.

(ii) To direct the Respondent No.4 to offer job to Mrs. Vimula Bhagya Rekha W/o Late Vemula Shyam R/o 2-21-93/5/B, Chilka Nagar, Uppal-KV, Ranga Reddy, Telangana-500039 on compassinatory grounds on account of death of her husband who was a dedicated employee of the Respondent No.4.

(iii) To direct the Respondent No.4 to pay compensation amounting to Rs 6,79,000/- (Six Lakh Seventy-Nine Thousand Only) as per the provisions Section 4 of the Workmen Compensation Act, 1923 along with interest commuted @12% per annum to the Petitioner.

(iv) To direct the Respondent No 4to pay a compensation amount of Rs 15,000/- (Fifteen Thousand Only) for the mental and physical trauma that the Petitioner is compelled to undergo due to the malafide and deceitful behaviour of the Respondent No.4....' 2.

Learned counsel for the petitioner submits that after the death of petitioner's husband, who was an employee in the factory of the unofficial respondent No.4, the petitioner has made a complaint/representation to respondent No.3 on 26-07-2021 to direct the unofficial respondent No.4 to offer job to the petitioner on compassionate grounds and to pay compensation amount and had also caused a legal notice through the learned counsel on 30.05.2022 to the 2nd respondent. He submits that as respondent No.3 has failed to

consider the said representation and for in action by the 2nd respondent, the petitioner is constrained to file the present writ petition seeking a direction to respondent Nos.2 and 3 to act upon the said complaint/representation made by the petitioner. 3.

Mr.Indrapradeep, learned counsel representing for respondent No.4, submits that as the said representation is not addressed to the unofficial respondent, this writ petition under Article 226 of the Constitution of India is not maintainable and the same is devoid of merit. He further submits that the petitioner has rushed to this Court on misconception. 4.

In view of the submissions made by both the counsels and in order to put a quietus to the litigation, this Court is of the considered view to direct respondent No.2 and 3 to consider the email on 30.05.2022 and representation made by the petitioner on 26-07-2021 and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order.

5.

Accordingly, the writ petition is disposed of. There shall be no order as to costs.

6.

Interlocutory applications, if any, pending in this writ petition, shall also stand disposed of.

____________________________ JUSTICE E.V.VENUGOPAL Dated: 16.12.2022 sus