Telangana High Court
Siriveri Silveri Srikanth vs The Singareni Collieries Company ... on 29 November, 2022
Bench: P.Madhavi Devi
THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 10187 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.RG-3/OCP-
2/WE/2603, dated 13.07.2020, 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 "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 13.07.2020 and direct the respondents to
consider the petitioner for employment under the
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W.P.No.10187 of 2022
dependent employment grounds 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 declared as medically unfit and was removed
from service with effect from 23.11.2019 vide
proceedings RG3/OC2/P/014/5471, dated 25.11.2019
issued by the respondent No.4. As per the National Coal
Wage Agreement, the father of the petitioner was entitled
for either employment to one of the dependent or
monetary benefits and the petitioner's father opted for
dependent employment to his son i.e., the petitioner
herein and accordingly, the petitioner was subjected to
medical examination, but the respondent No.4 rejected
the case of the petitioner on the ground that he was
suffering from Hepatitis-B Virus Infection (HBS Ag
Reactive) and therefore, held that he cannot be
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W.P.No.10187 of 2022
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
prescribed under the rules and in case he satisfied the
required standards, to appoint him as a Stipendiary
cadet trainee Sub-Inspector.
1 (2006) 2 ALT 82
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W.P.No.10187 of 2022
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.
7. In view of the same, this Court deems it fit and
proper to set aside the impugned order dated 13.07.2020
and the respondent No.4 is directed to reconsider the
case of the petitioner for dependent employment in terms
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W.P.No.10187 of 2022
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
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W.P.No.10187 of 2022
THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 10187 OF 2022
Dated: 29.11.2022
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