Sunkari Mallakka vs The State Of Telangana
2023 Latest Caselaw 871 Tel

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              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

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

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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