Telangana High Court
A. Sahasa Reddy vs The Singareni Collieries Company ... on 29 November, 2022
Bench: P.Madhavi Devi
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
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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
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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
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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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W.P.No.17493 of 2022
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
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W.P.No.17493 of 2022
THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 17493 OF 2022
Dated: 29.11.2022
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