THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 17493 OF 2022
ORDER:
This writ petition has been filed by the petitioner seeking a writ of mandamus declaring the impugned action of the respondents, rejecting the petitioner for employment under the grounds of dependent employment vide proceedings Ref.No.BHP/KTKOC-2/W- 15/2019/1642, dated 06.08.2019, issued by the respondent No.4, as illegal, unfair, arbitrary, in violation of principles of natural justice and against the judgment of Division Bench of Hon'ble High Court for the State of Telangana & Andhra Pradesh in the case of "Mr.X, Indian Inhabitant Vs. Chairman, State Level Police Recruitment Board and others case" and against the order in W.P.No.23405 of 2016, dated 20.12.2017 and consequently to set aside the impugned order dated 06.08.2019 and direct the respondents to consider the 2 PMD,J W.P.No.17493 of 2022 petitioner for employment under the grounds of dependent employment and to pass such other order or orders.
2. Brief facts leading to the filing of the present writ petition are that the petitioner's father was working as a permanent employee with respondents corporation and he was expired on 03.03.2019 and his name was removed from company rolls with effect from 04.03.2019 vide proceedings BHP/KTKOC/W.014/608, dated 25.03.2019. Subsequently, after the death of his father, the petitioner made an application by enclosing all necessary documents to the respondent No.4, requesting to provide employment to him under the grounds of dependent employee and as per the National Coal Wage Agreement, the petitioner was entitled for either employment to one of the dependent or monetary benefits and the petitioner opted for dependent employee and accordingly, the petitioner was subjected to medical 3 PMD,J W.P.No.17493 of 2022 examination, but the respondent No.4 rejected the case of the petitioner on the ground that he was infected with HIV and therefore, held that he cannot be accommodated in underground work. Challenging the said decision, the present writ petition has been filed.
3. Learned counsel for the petitioner submitted that in similar circumstances where the petitioner was suffering from HIV positive and was denied appointment on the said ground, the Division Bench of this Court in the case of Mr.X, Indian Inhabitant, Vizianagaram, A.P. Vs. Chairman, State Level Police Recruitment Board and others Case1, has held that a person can no longer be denied employment solely on the ground that he has tested HIV positive and the prohibition in this regard was declared ultra virus and illegal. Thereafter, the respondents therein were directed to verify whether the petitioner therein, complied with the physical standards 1 (2006) 2 ALT 82 4 PMD,J W.P.No.17493 of 2022 prescribed under the rules and in case he satisfied the required standards, to appoint him as a Stipendiary cadet trainee Sub-Inspector.
4. It is submitted that in W.P.No.23405 of 2016 also this Court has followed the said decision and has directed the respondents therein to consider and appoint the petitioner therein under the dependent employment scheme if the petitioner therein was otherwise eligible.
5. Learned counsel for the respondents, however relied upon the averments made in the counter affidavit.
6. Having regard to the rival contentions and the material on record, this Court is of the opinion that the Division Bench of this Court has already considered the case of similarly situated persons and has held that such a disease cannot be a reason for denying employment to the petitioners therein.
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7. In view of the same, this Court deems it fit and proper to set aside the impugned order dated 06.08.2019 and the respondent No.4 is directed to reconsider the case of the petitioner for dependent employment in terms of the judgment of this Court of the Division Bench in the case of Mr.X, Indian Inhabitant, Vizianagaram, A.P. (cited supra) and if the petitioner is found otherwise eligible, then the respondents are directed to provide employment to the petitioner within a period of two months from the date of receipt of a copy of this order.
8. Accordingly, this writ petition is allowed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
____________________________ JUSTICE P.MADHAVI DEVI Dated: 29.11.2022 bak 6 PMD,J W.P.No.17493 of 2022 THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI W.P.No. 17493 OF 2022 Dated: 29.11.2022 bak