HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

MONDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

:PRESENT:

THE HONOURABLE SRI JUSTICE K. SARATH

WRIT PETITION NO: 5798 OF 2021

Between:

Shaik Yakub Ahmed, S/o. Shaik Vali Mohammed,

AND

...Petitioner

• 1. The Singareni Collieries Company Limited, Rep by its Chairman and Managing Director, Singareni Bhavan, Red Hills, Hyderabad.
• 2. The Director, Singareni Collieries Company Limited (SCCL), Kothagudem, Khammam District.
• 3. The General Manager (Personnel), RC, IR & PM, Singareni Collieries Company Limited (SCCL), Kothagudem, Bhadradri Kothagudem District.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or direction, more particularly one in the nature of a Writ of Mandamus, declaring that the action of the 3^rd respondent in keeping the 8 existing vacancies reserved to be filled by Woman to the post of Junior Accountant T & S Grade-B (Internal) as unfilled and carry forward the same to the near future and issuing the select list dated 25/2/2021, as illegal, arbitrary, unjust, violative of Articles 14, 16 and 21 of the Constitution of India and unconstitutional, and consequently to direct the Respondents, to consider the case of the petitioner for the post of Junior Accountant TECH SUP Grade-B (Internal), in any one of the existing vacancies reserved to be filled by Woman and appoint the petitioner as such, instead of carry forward vacancy.

IA NO: 1 OF 2021

Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the Writ Petition, the High Court may be pleased to direct the Respondents, to consider the case of the petitioner for the post of Junior Accountant TECH SUP Grade-B (Internal), in any one of the existing vacancies reserved to be filled by Woman and appoint the petitioner as such, instead of carry forward vacancy, pending disposal of Writ Petition No.5798 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. KATIKA RAVINDER REDDY, Advocate for the Petitioner, Sri. P. SRI HARSHA REDDY (SC FOR SINGARENI COLLIERIES CO.LTD), Advocate for the Respondents the Court made the following.

ORDER:

"In identical matter, this Court passed interim order in WPMP No.2357 of 2016 in WP.No.1862 of 2016 on 27.03.2017 the same was conceded by the Standing Counsel for the respondents.

In view of the same, there shall be interim direction directing the respondents to consider the petitioner as per his merit and suitability against unfilled BC(E)(W) vacancy of Junior Accountant T & S Grade-B (internal) by applying proviso to Rule 22 (A) (4) of Rules, 1996. However, his promotion/appointment against those vacancies shall abide the result of the Writ Petition and would be without prejudice to the claims of the women candidates.

Post after six (6) weeks.

List on 20.03.2023."

SD/- P. PADMANABHA REDDY ASSISTANT REGISTRAR

SECTION OFFICER

//TRUE COPY//

To,

• 1. The Chairman and Managing Director, Singareni Collieries Company Limited, Singareni Bhavan, Red Hills, Hyderabad.
• 2. The Director, Singareni Collieries Company Limited (SCCL), Kothagudem, Khammam District.
• 3. The General Manager (Personnel), RC, IR & PM, Singareni Collieries Company Limited (SCCL), Kothagudem, Bhadradri Kothagudem District (RR 1 to 3 by RPAD)
• 4. One CC to M/s. KATIKA RAVINDER REDDY, Advocate [OPUC].
• 5. One spare copy.

HIGH COURT

SKJ

DATED: 06/02/2023

NOTE: LIST ON 20.03.2023

ORDER

WP.No.5798 of 2021

INTERIM DIRECTION