1
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No. 4235 of 2023
ORDER:
This writ petition is filed under Article 226 of Constitution of India for the following relief:
"....to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd to 5th respondents in not considering the 1st petitioner representations dated 07.02.2023, 31.01.2022 and 11.5.2022 not providing the compassionate employment to the 2nd petitioner who is the sister of the deceased Sunkari Praveen Ex-Badili Worker EC No. 1248774 at GDK.7 LEP, RG-2 Area, Ramagundem Area, Peddapalli District is illegal, arbitrary, unconstitutional and against the Hon'ble Apex Court Judgment in SLP Civil No.29678/2019 dated 12.11.2021 and in violation of Principles of Natural Justice and consequently direct the respondent Nos.3 to 5 to consider the 1st petitioner representations dated 07.02.2023, 31.01.2022 and 11.5.2022 for appointment of 2nd petitioner under compassionate employment and pass"
2. Heard Learned Counsel appearing for the petitioner, Learned Government Pleader for Services-II appearing for the respondent No.1 and Learned Standing Counsel appearing for the respondent Nos.2 to 5. With their 2 consent, this Writ Petition is disposed of at the stage of admission, itself.
2. The learned counsel appearing for the petitioners submitted that in identical matter considered by the High Court of Jharkhand at Ranchi in LPA.No.617 of 2017 dated 16.09.2019 directed to appoint unmarried sister on compassionate grounds as per Clause 9.3.3 of the National Coal Wage Agreement. The said order was confirmed by the Hon'ble Supreme Court in SLP (Civil) No.29678 of 2019 dated 12.11.2021.
3. The learned Standing Counsel appearing for respondent Nos.2 to 5 conceded the same.
4. In view of the same, the writ petition is disposed of, with a direction to the respondents to consider the case of the petitioner No.2 for compassionate appointment in any suitable post within a period of four (4) weeks from the 3 date of receipt of a copy of this order. There shall be no order as to costs.
5. Miscellaneous petitions pending if any, shall stand closed.
_____________________ JUSTICE K.SARATH Date:21.02.2023.
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