HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.6005 OF 2014
ORDER:
Heard the counsel for the petitioners.
2. Heard the counsel for the respondents.
3. The petitioners approached this Court seeking to issue a writ of Mandamus declaring the inaction of the respondent company in considering the case of the petitioners for compassionate appointment and in releasing terminal benefits of late Sri Oram Shyam Rao who was working in the respondent company and declared as dead as per the judgment of a competent civil Court in spite of making representations on 23.11.2010 and 2.1.2013 as being illegal, arbitrary, discriminatory and violative of Article 14 of the Constitution of India.
4. The short grievance of the petitioners is that the 1st petitioner is the husband of deceased Oram Shyam Rao who was appointed in the respondent company on 2 24.10.1987 as a Floating Badli Filler and blessed a son i.e. 2nd petitioner herein. On 8.8.1990 the husband of the 1st petitioner went away and his whereabouts are not known and the Court of the Principal Junior Civil Judge, Mancherial vide OS No. 890 of 2005 declared that her husband is died by its judgment and decree dated 18.1.2010. On 23.11.2010 the 2nd petitioner made representation to the 3rd respondent seeking compassionate appointment and also to grant pay terminal benefits. The respondents issued a letter dated 30.01.2012 informing that since there is no specific direction to the defendant in O.S.No.890 of 2005, company can take a decision as per the rules in vogue. The petitioner's prayed for allowing of the writ petition as prayed for.
5. Counter affidavit has been filed by the respondents stating that there is no violation of statutory rule or regulation or rule having any statutory force by the respondents to attract the provisions of Article 14 of the 3 Constitution of India for exercising the original jurisdiction of this Court and the petition is not maintainable in law and is liable to be dismissed in limine. The contention of the petitioner that her husband after taking salary went away and since then his whereabouts are not known, if it is true the petitioner should have communicated about the same to the authorities of respondent company and should have booked a complaint with local police and given a notice in Telugu daily. No communication was given by the petitioner to the respondent company. The provision of dependant employment in respondent company is applicable when any employee dies while in service or is declared medically unfit by Colliery Medical Board. In the present case the worker was temporarily empanelled and keeping his performance and attendance he was dis- empanelled on 1.3.1993 and in such cases the provisions of dependant employment do not apply. With regard to terminal benefits, the Coal Mines Provident Fund refund claim will be settled by the Regional Commissioner, CMPF, 4 Godavari Khani which is a separate Central Government agency and not under the administrative control of the respondents and prayed to dismiss the writ petition.
6. Perused the record.
7. Without going into the merits of the case, taking into consideration the fact that the petitioners' representation dated 02.01.2013 has not been considered by the respondents till as on date, the respondents are directed to consider the petitioners' representation dated 02.01.2013, for release of terminal benefits of petitioners deceased husband Oram Shyam Rao and also to consider the petitioners representation/application dated 02.01.2013 for providing job to petitioner's son on dependent basis as per the rules in force, in accordance with law within a period of six (6) weeks from the date of receipt of the copy of the order duly communicating the said decision to the petitioner. The petitioner is also directed to furnish the copy of the representation dated 02.01.2013 to the 5 respondents along with the copy of the present order for consideration of petitioners representation dated 02.01.2013.
8. Accordingly, the writ petition is disposed of. No costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
_________________________________ MRS JUSTICE SUREPALLI NANDA 06th September, 2022 Skj 6 7 HONOURABLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.6005 OF 2014 06th September, 2022 skj