Timiri Narendra Babu v. The Singareni Collieries Company Limited,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.41137 of 2014 ORDER:

This writ petition is filed seeking a Writ of Mandamus, declaring that the non-implementation of Government orders in G.O.Ms.No.237, dated 28.05.1996, as illegal, arbitrary, unjust and violative of principles of natural justice and also contrary to the regulations prescribed by the Government and sought consequential directions directing the respondents to issue necessary appointment orders to the petitioners as Junior Estates Officer E-1 Grade under Internal Candidates category by converting the posts under Women category into Men category in accordance with the orders of Government in G.O.Ms.No.237, dated 28.05.1996, as woman qualified candidates are not available pursuant to the Notification Ref.No.CRP/PER/R/02/05/237, dated 11.04.2013. 2.

Heard Sri Ch.Markondaiah, counsel for petitioners and Sri Nandigam Krishna Rao, Standing Counsel appearing for respondents. 3.

It has been contended by the petitioners that the respondents have issued a recruitment notification, dated 11.04.2013, for filling up the vacancies of Junior Estates Officer E-1 Grade. The petitioners have responded to the said notification and after undergoing regular selection process, they came within the zone of consideration. However, the cases of petitioners were not considered on the ground that some posts are earmarked for women candidates. It is contended that the State Government has issued orders in G.O.Ms.No.237, dated 28.05.1996 to the effect that wherever there are no woman candidates, the said posts, which were earmarked for women, can be filled up with men. It is

AKS, J W.P.No.41137 of 2014 contended that though the respondent-Company adopted the said G.O., the cases of petitioners were not considered for appointment to the post of Junior Estates Officer E-1 Grade. In those set of circumstances, petitioners have submitted a representation dated 22.10.2014 requesting that their cases be considered for appointment to the post of Junior Estates Officer E-1 Grade, but the respondents have so far not disposed of the said representation nor considered the cases of petitioners for such appointment. Therefore, counsel for petitioners contends that appropriate orders be passed in the writ petition directing the respondents to consider their cases for appointment to the post of Junior Estates Officer E-1 Grade and pass appropriate orders in accordance with law. 4.

The Standing Counsel appearing for respondents has contended that the cases of petitioners would be considered and appropriate orders would be passed on the representation submitted by them. 5.

This Court, having considered the rival submissions made by the parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the representation submitted by the petitioners on 22.10.2014 and pass appropriate orders in accordance with law within a period of Eight weeks from the date of receipt of a copy of this order.

6.

With these observations, the writ petition is disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.

______________________________ ABHINAND KUMAR SHAVILI, J 30th September 2019 ajr