NALLAMALLA PRABHAKAR RAO Vs. SINGARENI COLLIERIES CO LTD

JUDGEMENT

(1.) HEARD both the Counsel.

(2.) THIS writ petition is filed for a writ of mandamus to declare the action of the respondents in not taking a decision for reappointment of the petitioner as per the terms of Circular No. P40/5911/ir/335 dated 10. 3. 2000 issued by the 2nd respondent -the Director, (PAandw), Singareni Collieries company Limited, Kothagudem as per memo of settlement dated 21. 2. 2000 even though the petitioner was interviewed as long back as on 18. 10. 2000, as arbitrary and illegal and violative of Articles 14 and 21 of the Constitution of India.

(3.) THE case of the petitioner as stated in the affidavit filed in support of the writ petition is that he was working as temporary general mazdoor of the 1st respondent - the singareni Collieries Company Ltd. , kothagudem and was appointed as General mazdoor in Category-I with effect from 1. 1. 1985 vide office order of the 3rd respondent- the General Manager (Personnel), singareni Collieries Company Limited, munugur, Khammam District vide order dated 26. 1. 1985 and on satisfactory completion of probationary period, his services as General Mazdoor of PK-I incline of munguru Division were confirmed with effect from 1. 4. 1986 vide order dated 21. 6. 1986. Later he was appointed as dumpmen with effect from 1. 7. 1989 vide another office order dated 29. 6. 1989 issued by the 3rd respondent and on satisfactory completion of probation, he was appointed as Dumpmen with effect from 1. 10. 1989 as per order of the 3rd respondent dated 18. 11. 1989. While the petitioner was working as Dumpmen at Prakasham Khani open Cast-II Munuguru, due to psychological problem, he could not attend duty regularly and his services were terminated with effect from 17. 4. 1998 due to continuous absence for a long period from 23. 1. 1996. As the matter stood thus, the 2nd respondent - The Director, (PAandw), singareni Collieries Company Limited, kothagudem, issued a circular dated 10. 3. 2000 vide reference No. P40/5911/ir/ 335 stating that in terms of item No. 26 of memo of settlement dated 21. 2. 2000 it has been agreed that the High Power committee headed by the 2nd respondent will examine the cases of workmen dismissed on account of absenteeism during the period from 1. 1. 1997 to 31. 12. 1999. As per the said circular those workmen who were dismissed on the ground of absenteeism during the period from 1. 1. 1997 to 31. 12. 1999 and desirous of availing the above opportunity should submit their applications in the closed pro-forma requesting for reappoinment in the company afresh as badli fillar to the concerned head of the department where the ex-workmen has last worked on or before 30. 4. 2000 and the area General Managers were requested to forward such applications to the General manager (Personnel) for taking further action. As the petitioner was eligible as per the circular dated 10. 3. 2000 issued by the 2nd respondent, he applied and on 15. 10. 2000 vide reference No. PKOC-II/mng/17/3300 the respondent issued call letter and interviewed the petitioner on 18. 10. 2000. As the petitioner was not considered for re-appointment, the petitioner filed the present writ petition.