IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE 2nd DAY OF DECEMBER, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION No.6572 OF 2000 Between: Aggu Bhagyalakshmi … Petitioner And The Managing Director and another … Respondents This Court made the following: HON'BLE SRI JUSTICE A. GOPAL REDDY WRIT PETITION No.6572 OF 2000 ORDER: - The petitioner filed this writ petition seeking compassionate appointment on the death of her husband in the respondents’ company i.e., Singareni Collieries Company Limited. The husband of the petitioner namely Aggu Ashanna was a Badli Filler, which is a temporary post. The employment to the post of Badli Filler will be provided when a permanent worker is on leave or is absent. The said Badli Workers who completes 190 musters underground and 240 musters on surface in any calendar year, as per the vacancies, will be absorbed as Coal Fillers and become permanent workers of the Respondents’ Company. It is the case of the petitioner that her husband worked as a coal filler under the General Manager, Singareni Collaries Company Limited-respondent No.2 and fell sick on 11.02.1994 and, therefore, he was forced to leave his native village Tallapally in Adilabad District for unani treatment and the same was informed to respondent No.2. The husband of the petitioner could not be recovered from the bed. After three years he was issued with a charge sheet on 30.3.1997 for his absence from duty without sanctioned leave or sufficient cause of over staying before sanctioned leave. On his submitting explanation, the Enquiry Officer conducted ex parte enquiry holding that he was guilty of the charge and submitted enquiry report on 03.07.1997. While so, he died on 14.07.1997, and the same was informed to respondent No.2 on 07.08.1997. On 14.08.1997, the petitioner made a representation to respondent No.1 requesting to appoint her to any suitable post on compassionate grounds. The respondents without considering the application of the petitioner for compassionate appointment and ignoring the death of the petitioner’s husband, passed an order on 02.09.1997 dismissing the petitioner’s husband from service for his unauthorised absence. She made another representation for compassionate appointment on 29.09.1997. As per the memorandum of settlement, dated 14.07.1990, entered between the respondent management and the workers union, the petitioner is entitled to be considered for employment. Hence, the present writ petition. Respondents filed a counter opposing the writ petition stating that the records available with them from 1994 disclose that the husband of the petitioner attended to duty only on four working days in the year 1994 and remained absent from 1995 to 1997. Thereafter, a charge sheet was issued and the same was also published and an enquiry was conducted into the said charges and the enquiry report was sent under registered post to the husband of the petitioner, which was acknowledged by him. As there was no reply, dismissal order was passed on 02.09.1997 and the said order of dismissal takes effect from 11.02.1994 from which date the petitioner was unauthorisedly absent. On such dismissal, the petitioner made a representation on 29.09.1997. The scheme under which the compassionate appointment can be claimed is only to those employees who died while in service. Since the services of the petitioner’s husband were terminated from the date of his unauthorised absent i.e., from 11.02.1994, the petitioner is not entitled to compassionate appointment. It is further stated that the memorandum of settlement dated 14.07.1990 has been replaced by settlements dated 25.10.1991 and 28.10.1992. As per the settlement, dated 25.10.1991, in cases of death or permanent total disablement arising out of mine accident including Badlies cases, the Company will provide employment to one female dependant, as defined under NCWA-IV, if no male dependant of the above description is available for employment and if the female dependant does not opt for the cash compensation agreed upon. Under the settlement dated 28.10.1992, the women employment is prohibited in Mines and restricted to surface departments, employment opportunities to the female dependants are meagre. Due to the difficulty in providing employment to female dependants, a scheme of monetary benefit in lieu of providing employment to female dependants has been agreed vide settlement, dated 25.10.1991, and the same is being continued. Pending cases of female dependants as on 01.10.1991 will be finalised subject to their medical fitness, by the end of December, 1992. It is also agreed to review the cases of male dependants of ex-employees died/declared medically unfit including voluntary retirement and awaiting employment as on 31.08.1992 to provide employment to the eligible male dependants, subject to their medical fitness before end of January, 1993. They should be prepared to go to other Areas. Since the petitioner’s husband is not in service as on the date of death, the petitioner is not entitled to any compassionate appointment. The attendance of the petitioner’s husband given by the respondents shows four days in 1994, 142 days in 1986 and nil during the years 1987 and 1988, and whereas 40 days in 1990, 199 days in 1991, 65 days in 1992, 147 days in 1993, four days in 1994 and nil during the years 1995 to 1997. Since there is no provision for employment to the female dependants in the company with effect from 25.10.1991 as per the memo of settlement, dated 25.10.1991, the petitioner is not entitled to compassionate appointment. No reply has been filed contraverting the settlement reached in the year 1991 in superseding the earlier settlement on which the petitioner relied upon. Therefore, once there is no scheme to provide compassionate appointment to the female members; more over the services of the petitioner’s husband were terminated before his death; and he has not died while he was in service, the petitioner cannot claim compassionate appointment. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. __________________ A. GOPAL REDDY, J December 2, 2010 lmv