Shri Rama Kumara Swamy S/O. Sathyanarayana, v. The Singareni Collieries Company Ltd
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVONDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 26411 OF 2014 Between:
Shri Rama Kumara Swamy, S/o. Sathyanarayana, Occ: General Mazdoor, Code:2361630 in Singareni Collieries Company Limited, R:io. H.No.19-'1-24, Ashok Nagar, Bellampally, Adilabad District.
...PETITIONER AND
1. The Singareni Collieries Company Ltd, (A Govt. Company) rep. by its Chairman and MD, Singareni Bhavan, Red Hills, PB. No. 18, Khairatabad PO, Hyderabad - 500004.
The Chief General Manager, The Singareni, Collieries Company Ltd (A Govt. Company) Mandamarri Division, Adilabad District. The Chief Medical Officer, The Singareni, Collieries Company Limited ( A. Govt. Company), Mandamarri Division, Adilabad District. The Colliers Manager, The Singareni, Collieries Company Ltd (A Govt. Company) Mandamarri Division, Kasipet tMine, Adilabad District. 2.
3.
4.
...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 of mandamus or any other appropriate writ, declaring the action of the respondent No.2 to 4 in not considering petitioner's representations dl. 25-01-2014,02-07-2011, 1O-O1-2011 for allotment of light o duties as Surface General Mazdoor is illegal, arbitrary and unconstitutional. |.A.NO:1 OF 2014(WPMP. NO: 33040 OF 2014) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 to consider petitioner representation dt.25-01-2014 for allotment of light duties as Surface General Mazdoor in respondents com pa ny.
Counsel for the Petitioner : SRI.K.JAGADISHWAR REDDY Counsel for the Respondents : SRI.NANDIGAM KRISHNA RAO, SC FOR SINGARENI, COLLIERIES The Court made the following ORDER
- ,r/ ;.t THE HONOURABLE SMT JUSTICE P. MADHAVI DEVI { WRIT PETITION No.2641L O? 2OL4 ORDER:
This Writ Petition is filed seeking a declaration that the action of the respondent Nos.2 to 4 in not considering the representations dated 25.01.2014, 02.O7.2oll, 1O.O1.201 1 for aliotment of light duties as Surface General Mazdoor as illegal and arbitrary.
2.
Learned counsel for the petitioner submitted that the petitioner was suffering from hearing problem and was referred to SCCL main hospital, Kothagudem for treatment and thereafter, since he was not keeping good health, he had made a number of representations to the respondents to allot Surface General Mazdoor work and not the underground mine work. Since, his request was not considered and his representations were not disposed of, he filed the present writ petition in the year 2014. This case was initially listed in 2OI4 and thereafter, the matter is posted in the list for hearing only this year i.e., 2022.
3.
It is noticed that in this writ petition the only prayer of writ petitioner is to give a direction to the respondents to dis'pose of his representations for allotting light work as Surface
PMD, J WP No.2641 I OF 20l4 ) General Maz.door. There is no representation on behalf of the writ petitioner.
4.
The Learned Standing Counsel for the respondent corporation appeared and submitted that after filing of this writ petition, the petitioner has not presented himself for work and therefore, no action could be taken on the representations made by the petitioner. He further submitted that the petitioner would have to go for medical examination by a competent doctor to find out his suitability or otherwise to work in under ground mines. He submitted that in the absence of such medical examination, no action can be taken on the representation of the petitioner. He also submitted that the petitioner is continuously absent after filing of this writ petition. 5.
Having regard to the fact that the petitioner has made the representations in the year 2Oll and 2Ol4 and nearly 8 years has lapsed thereafter, this Court is of the opinion that at this stage no direction can be given to the respondents to consider and dispose of his representations. Therefore, this Court deems it lit and proper to direct that if the petitioner is sti1l not well and has not been terminated lrom services by the company, then he is at liberty to give fresh representation to the
PitD, .1 WP No.26411 OF 2014 respondents and the respondents may consider his representation in accordance with law.
6.
Accordingly, the writ petition is disposed of. 7 .
Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
SD/.N.CHANDRA SEKHAR RAO ASSISTANT REG STRAR \ //TRUE COPY// SECTION FFICER To
1. One CC to SRI.K.JAGADISHWAR REDDY, Advocate IOPUCI
2. One CC to SRI.NANDIGAM KRISHNA RAO, SC FOR SINGARENI, COLLIERIES [OPUC]
3. Two CD Copies
4. One spare copy S.A PS
HIGH COURT DATED:1 110412022 CF i (:, 11E # 7^!
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ORDER
WP.No.26411 of 2014 DlSPoslN&' G UIgNfis,6hI€. THE W.P WITHOUT COSTS.
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