E RAJARAM Vs. SINGARENI COLLIERIES CO LTD

JUDGEMENT

(1.) This writ petitioner, who worked as a Shot Firer with the Singareni Collieries Company Limited, sought for a declaration that the pay drawn by him prior to his re-employment should be protected and he should be treated to be in continuous employment of the Singareni Collieries Company Limited.

(2.) It is submitted that the petitioner joined the service of the Singareni Collieries Company Limited, a Public Sector undertaking, as a Coal Cutter. He was thereafter promoted as a Shot Firer in the year 1977. While he was working as a Shot Firer at GDK-2 Incline, a serious mine accident had occasioned. The writ petitioner was seriously injured in the said accident, requiring him to undergo treatment in the Company's hospital for about 14 months. He was thereafter subjected to examination by a Medical Board, which included a Specialist Orthopaedic Surgeon. Since his right lower limb was amputated above his knee joint, he was fitted with a prosthesis. He was able to walk. The remaining portion of his right lower limb, a stump of 10" length has healed well. The fracture to the left ankle is also found to have healed well and the ankle movements of his left leg were found to have been completely restored. Upon review by the Medical Board on 26th May 1987, he was found unfit for underground job. The permanent partial disability suffered by him was assessed to be 60% and accordingly, he was recommended for payment of 60% of compensation for permanent partial disability. The Superintendent of the Area Hospital, Singareni Collieries Company Limited, through his communication, dated 30th May 1987, filed his report in this regard before the General Manger, Singareni Collieries Company Limited. Therefore, the General Manager passed an order on 11th June 1987, terminating his employment with effect from 26th May 1987, the date on which he was declared by the Medical Board as unfit for underground job. However, the Singareni Collieries Company Limited has passed an order on 17th June 1987 appointing the writ petitioner temporarily for a period of three months as Supervisor in Timber Yard at an initial basic pay of Rs.742/- in the grade of Rs.742-40-1062-45- 1422 with effect from 21st June 1987. The writ petitioner did accept the job as a Supervisor and worked as such in the Timber Yard. The General Manager passed another Office Order on 29th December 1987, appointing the writ petitioner as a Shot Firer in the grade of Rs.742-40-1062-45-1422 with effect from 30th December 1987. The writ petitioner continued in the employment as such. However, inspired by the judgment rendered in Writ Petition No.1402 of 1992, on 29th December 1995, wherein this Court has granted the benefit of pay protection to another employee, the petitioner has also claimed pay protection for the past services rendered by him. Hence, he instituted this writ petition.

(3.) I have heard Sri K. Vasudeva Reddy, learned Counsel for the writ petitioner and Ms. Uma Devi, learned Standing Counsel for Singareni Collieries Company Limited.