IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13798 of 2008 Between: Nizampuram Ravinder S/o. Rajeshwar R/o. Chelpur Village, Huzurabad Mandal, Karimnagar Dist. ..... PETITIONER AND 1 Chairman and Managing Director, Singareni Collieries Company Ltd., Singareni Bhavan, Laki-ka-pool, Hyderabad. 2 Director (PA&W), Singareni Colliries Co. Ltd., Kothagudem, Khammam District. 3 The Chief General Manager, Ramagundam-I, Karimnagar District. 4 The Colliery Manager, Singareni Collieries Co.Ltd., Kothagudem, Khammam Distirct. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents in not providing employment to the pettioner as the dependent of his deceased brother N.Thirupathi who died whileworking in the respondents collieries company, under the quota of dependent of the deceased is highly arbitrary bad and illegal, and pass Counsel for the Petitioner:MR.P.PRABHAKAR REDDY Counsel for the Respondent No.: N.KRISHNA RAO The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13798 of 2008 ORDER: The petitioner submitted an application to the respondents with a request to provide him employment on compassionate grounds. He pleaded that his brother, by name Nizampuram Thirupati, who was employed as Coal Filler in the Singareni Collieries, died on 14.12.1997. The petitioner states that he was totally dependent upon late Thirupati and though he fulfilled all the conditions, he was not provided employment. At the stage of admission, the learned Standing Counsel for the respondents took time and produced the entire record. Learned counsel for the petitioner submits that the petitioner, being the dependant of the deceased employee, was entitled to be provided employment on compassionate grounds and that there is no justification for the respondents in not extending the benefit. Learned Standing Counsel for the respondents, on the other hand, submits that the application itself was made by the petitioner four years after the death of the employee and the vigilance enquiry revealed that the petitioner is not the brother of the deceased employee at all. The benefit of employment on compassionate grounds is extended to the dependants of the deceased employees, to ensure that their families are not pushed to penury, on account of the untimely death. Time and again, Courts declared that employment on compassionate grounds cannot be claimed as of right and it is only a social security measure, subject to certain conditions. An application, in this regard, has to be made within the stipulated time. In the instant case, the application was made four years after the death of the employee. There is a serious doubt, as to the relationship of the petitioner with the deceased employee. Though the petitioner claims to be the brother of the deceased employee, the vigilance enquiry caused by the respondents revealed that his claim is not correct. The enquiry caused by the respondents from the Board of Secondary Education revealed that the person, who was issued the Secondary School Certificate, a copy of which was produced by the petitioner, was Mr. Ravi and not Ravinder. The name was altered in the Secondary School Certificate. The school, from which the student was issued the certificate, has also informed the respondents that the signature on the photograph was forged. It was also stated that there was no practice of affixing photograph, at a time, when the certificate was issued. Under these circumstances, it cannot be said that the denial of employment, on compassionate grounds, to the petitioner, is in any way illegal. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 14.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13798 of 2008 Date: 14.07.2008 JSU