HC Verdict on Med Status of 103 SCCL Staff on Nov 4

The fate of 103 employees seeking reclassification to secure employment for their dependents will be decided by the Telangana High Court on November 4, following a detailed hearing in a batch of writ appeals filed by Singareni Collieries Company Limited (SCCL) over the categorization of its medically unfit workers. A two judge panel comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mouhiuddin is hearing writ appeals challenging an earlier order passed by the learned single judge which directed the SCCL and Gandhi Medical Hospital to re-evaluate the medical reports, distinguishing between temporary debility and permanent disablement. Under the National Coal Wage Agreement-VI (NCWA-VI), SCCL introduced a dependent employment scheme to provide a job to one dependent of an employee declared medically unfit under Clause (i) of Para 9.4.0, which covers cases of permanent disablement arising from injury or disease. However, employees categorized under Clause (ii) pertaining to general physical debility or temporary weakness are not entitled to such benefits. A total of 103 SCCL employees, who were classified under Clause (ii) by the Gandhi Medical Hospital Board, alleged that their conditions were wrongly assessed. They contended that despite suffering from permanent disabilities such as limb amputation, vision loss, and seizure disorders, they were arbitrarily placed under “general physical debility,” thereby depriving their families of dependent employment rights. The single judge earlier held that several cases involved clear instances of permanent disability. The judge observed that workers with permanent loss of function must be classified under Clause (i) to enable dependent employment under NCWA-VI. During the hearing, SCCL sought time to obtain instructions regarding the procedure followed over the past decade in decisions taken under Clause 9.4.0 of NCWA-VI, accordingly the matter is posted for further hearing.

HC Stays Eviction of Radiant High School

Justice Surepalli Nanda of the Telangana High Court on Friday stayed the eviction of an existing school in the midst of the academic year. The judge is hearing a writ plea filed by several minor students. The petitioners are seeking to declare the said order as unconstitutional and in violation of fundamental rights under the Constitution in so far as it results in the eviction of Radiant High School during the mid-academic year. The petitioners would contend that execution of the order would lead to the eviction of a functioning school, thereby depriving 750 students of their right to education. It was contended that Radiant High School was operating for several years in the schedule property that is the subject of the civil suit, and that the eviction proceedings were initiated in execution of a decree obtained by Iman-E-Zamana Mission, a registered charitable and educational society. The petitioners further contended that eviction at this stage of the academic year would cause serious hardship and possible loss of an academic year to hundreds of students, many of whom belong to economically weaker sections.

Taking into account the averments in the writ petition and the record of the execution proceedings, Justice Nanda observed that the issue pertains to the welfare and education of about 750 students studying in Radiant High School. The judge noted that disturbing the institution at the end of the academic year would cause serious hardship to the children and result in loss of an academic year. The judge also took note of the representation submitted by the petitioner to the Commissioner and Director of School Education seeking intervention to safeguard the interests of the students. Accordingly, Justice Nanda ordered that there shall be a stay of all further proceedings pursuant to execution proceedings till November 14. The judge further ordered notice to the respondents and posted for further hearing on November 04.

HC Rejects Covid Alibi In Smart Roads Case

Justice B. Vijaysen Reddy of the Telangana High Court rejected the covid alibi for delayed construction work related to the Road Corridor Improvement for Eleven Smart Roads (Package-1) in Warangal Smart City. The judge dismissed a writ plea filed by M/s Challa Infra Projects Pvt. Ltd, a contractor challenging the termination order issued by the Greater Warangal Smart City Corporation Limited. The petitioner contended that the termination was affected without affording an opportunity of hearing and that the authorities failed to consider multiple representations seeking extension for performance of the contract. Counsel for the petitioner argued that only about 60% of the project work was completed and that delays were caused due to the COVID-19 pandemic, shortage of labour, and non-acquisition of land within the right-of-way by the government authorities. It was further contended that the petitioner sought an extension of time to complete the remaining work. The respondents informed the judge that the petitioner was granted extensions twice before the final termination in 2024. The State further contended that the petitioner delayed the project for over ten months, justifying the termination. The judge found that the petitioner was granted sufficient opportunity and dismissed the writ plea.

HC: Settled seniority can’t be disturbed after years

Justice Nagesh Bheemapaka of the Telangana High Court reiterated that settled seniority cannot be unsettled after a prolonged delay while dismissing a writ petition filed by a School Assistant seeking retrospective seniority benefits under the District Selection Committee (DSC)–2012 recruitment. The Judge dealt with a writ petition filed by G. Sailaja Kumari, who applied under the DSC-2012 notification issued by the Commissioner and Director of School Education and was appointed as School Assistant (Maths) in 2013. She argued that her colleagues, who were selected through the same process, were issued appointment orders and joined duty in November 2012. On this basis, she sought notional fixation of her appointment date and seniority, contending that she was unfairly deprived of Pay Revision Commission (PRC) 2015 benefits. The government contended that the petitioner accepted her appointment without any protest and could not seek retrospective seniority after an unexplained delay of nearly six years. It was further contended that under Rule 33 of the Andhra Pradesh State and Subordinate Service Rules, seniority is reckoned from the actual date of joining duty and not from any earlier date of selection or appointment issued to others. The judge held that the writ petition suffered from non-joinder of necessary parties, since granting relief would adversely affect other teachers who joined between December 2012 and November 2013, none of whom were impleaded. Accordingly, the judge dismissed the writ petition.