Sidda Gattaiah, vs The Singareni Colleries Co Ltd.,
2022 Latest Caselaw 3779 Tel

     THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                        AND
      THE HON'BLE MRS JUSTICE SUREPALLI NANDA

                     WRIT APPEAL No.406 OF 2019

JUDGMENT:       (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



        Heard Mr. K.Sanjay, learned counsel for appellants/

petitioners.


2.      This intra-court appeal is directed against the final order

dated    23.11.2018        passed         by     the     learned      Single    Judge

dismissing the writ petition i.e., W.P.No.22622 of 2002 filed by

the appellants/ petitioners.


3.      By filing the related writ petition appellants/petitioners

sought for a direction to the respondents to provide posting

orders to the appellants as Badli Fillers. Case of the

appellants/petitioners before leaned Single Judge was that they

were appointed as Badli Fillers in the quota earmarked for

dependants of employees who had either taken voluntary

retirement or who had been declared as medically unfit. They

were sent for training on 21.08.1997. On completion of training,

when they reported before second respondent for posting orders

seven (7) out of sixteen (16) were given posting orders.

Remaining persons including the appellants/petitioners were

assured that they would be given posting orders in due course,

but such posting orders were not forthcoming.

4. Respondents in their counter affidavit took the stand that

as and when vacancies would be made available, not only the

appellants/petitioners but also those in the queue as on

31.12.1997 would be considered for appointment. Respondents

settled the matter with the Workers' Union on 05.07.1999

agreeing to provide employment to dependants of ex-employees

as on 31.12.1997 in terms of Memorandum of Settlement dated

06.06.1998. It was contended before the Court that the

appellants/petitioners had opted for receiving lump sum

amount of Rs.2 lakhs or 24 months wages in terms of Circular

dated 11.10.2001. Except appellant No.5/ petitioner No.5, all

the appellants/petitioners had submitted applications on

29.07.2002 opting for lump sum amount of Rs.2 lakhs which

was paid by the respondents. On due consideration, learned

Single Judge held as follows:

5. This Court has considered the rival submissions made by the parties and the material available on record. It is the case of the petitioners that they were sent for training for recruitment and they have successfully completed the training. But the respondents failed to give posting orders to them. It is the contention of the respondents that all the petitioners except petitioner No.5, received lump sum amount of Rs.2 lakhs, in lieu of dependent employment as per the settlement arrived at with the Union. The petitioners have failed to controvert the same. Further, mere undergoing training for recruitment would not give any right to the petitioners to seek posting orders.

Therefore, the approach of the petitioners is not bona fide and this Court cannot direct the respondents to appoint the petitioners merely because they have undergone recruitment training.

6. Accordingly, the Writ Petition is dismissed. No Costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

5. Thus we find that learned Single Judge did not accept the

stand taken by the appellants/petitioner that because the

appellants/petitioners had successfully completed the training,

they should be given posting orders. Further in view of the

stand taken by the respondents that a lump sum amount of

Rs.2 lakhs would be paid to the appellants/petitioners as part

of the settlement which was not controverted by the

appellants/petitioners, learned Single Judge declined to

interfere with the matter and dismissed the writ petition.

6. We do not find any error or infirmity in the view taken by

the learned Single Judge.

7. At this stage, learned counsel for the appellants/

petitioners submits that none of the appellants/petitioners have

been paid lump sum amount of Rs.2 lakhs. If that be the

position, we give liberty to the appellants/petitioners to

approach the respondents for payment of lump sum amount of

Rs.2 lakhs or 24 months wages whichever is more. Let the

appellants/petitioners approach the respondents within fifteen

days from today by way of a written representation whereafter

respondents shall do the needful in accordance with law within

thirty days from the date of approach by the

appellants/petitioners, if not already paid.

8. This disposes of the writ appeal. Miscellaneous

applications pending, if any, shall stand closed. However, there

shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ SUREPALLI NANDA, J

18.07.2022 pln