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2025 DAILYLAW 10196 (AP)

GARIKA ADI LAKSHMI v. RASTRIYA ISPATH NIGAM LIMITED

WP/6159/2025 · 2025-03-20

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010114402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6159/2025 Between: Garika Adi Lakshmi and Others ...PETITIONER(S) AND Rastriya Ispath Nigam Limited ...RESPONDENT Counsel for the Petitioner(S): 1. B. MOHAN RAO Counsel for the Respondent: 1. V SUBRAHMANYAM The Court made the following ORDER: The present Writ petition is filed for following relief: "....to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent in extending the benefit of regular employment on Compassionate Grounds under Employees Family Benefit Scheme of Respondent to the 2nd Petitioner the 2 son/dependent of the deceased Employee of the Respondent organization namely Shri Garika Venu, as arbitrary, illegal, contrary to the clause 5.1 of theEmployees Family Benefit Scheme of Respondent and violation of Article 14 and 21 of the Constitution of India and further declare that the 2nd petitioner is entitled for suitable regular appointment under compassionate grounds in terms of its Employees Family Benefit Scheme introduced vide Personnel Policy Circular No. 15/96 dated 27.9.1996 and under PERSONNEL POLICY CIRCULAR No.25/90 dated 11.10.1990 of the Respondent and pass..." 2. The petitioners are the family members of the deceased employee of Sri.Garika Venu, who was working with respondents Organization in SHIFT Section (Mech) of Blast Furance Department. He succumbed due to slip and fell down, during employment on 14.05.2017. 3. The 1st petitioner was made an application dated 02.05.2018, requesting the respondents to provide Employees Family Benefit Scheme and also Compassionate Appointment to the 2nd petitioner. Similar request was made by subsequent representations dated 12.11.2019, 04.05.2024 which are unattended to so far. 4. Learned counsel for the petitioners submits that endorsement of Employees Family Benefit Scheme, the petitioners are entitled for consideration to compassionate appointment, which the respondents have been requested by making aforesaid representation. However, so far, the same have 3 not considered and therefore, it would suffice to direct the respondents to consider the same, for the time being. 5. Heard Sri P.Subrahmanyam, learned standing counsel for the respondents on written instructions submits that under the scheme, the petitioners are entitled either for monitory benefits orcompassionate appointment, but not for both. 6. In view of the aforesaid submissions, without expressing any opinion on merits, the Writ Petitionis disposed of, directing the respondents to consider the petitioner’s representations dated 02.05.2018, 12.11.2019 and 04.05.2024 for compassionate appointment strictly in accordance with law/Employees Family Benefit Scheme and pass speaking order within a period of two (02) months from the date of receipt of a copy of this Order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _______________________ CHALLA GUNARANJAN, J Date:20.03.2025 LSP 4 163 THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.6159 of 2025 Date:20.03.2025 LSP