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B.VIJAYSEN REDDY
Durgam Mallesh – Appellant
Versus
Singareni Collieries Company Limited (SCCL) – Respondent
ORDER :
This writ petition is filed to declare the action of the respondents in rejecting the claim of the petitioner No.2 for dependant employment vide proceedings dated 23.11.2019 issued by the respondentNo.2, as being illegal, arbitrary and violative of principles of natural justice; violative of Articles 14, 16, 19(g) and 21 of the Constitution of India and against the judgment of the Supreme Court in UNION OF INDIA v. V.R. TRIPATHI, (2019) 14 SCC 646 and to set aside the impugned proceedings dated 23.11.2019 and direct the respondents to consider the petitioner No.2 for dependant employment.
2. It is stated that the petitioner No.3 is the wife of the petitioner No.1; petitioner No.4 is the second wife of the petitioner No.1; petitioner No.2 is the eldest son of the second wife of the petitioner No.1 and petitioner No.5 is the youngest son of second wife of the petitioner No.1. Petitioner No.1 was a permanent employee of the Singareni Collieries Company Limited and his designation was coal cutter. He worked until March 2019 at Kasipet Mine, Mandamarri Area. He was removed from service since he was declared medically invalid by the Corporate Medical Board for further service. His
Point of Law : Apex Children born out of second marriage cannot be treated as illegitimate children, therefore, the impugned rejection order dated 24.04.2018 passed by the respondents is contrary to ....
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
Children from void second marriage, deemed legitimate under Section 16 HMA, cannot be excluded from compassionate appointment by employer policy, as it violates Article 14 equality; must be considere....
Compassionate appointment cannot be denied based on descent; the policy must comply with Article 14 of the Constitution.
The court established that conditions imposed for compassionate appointments can be justified if they serve a legitimate purpose, such as population control, and do not violate constitutional princip....
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