Hyderabad: Making it clear there is no scope in the law to give “a wholesale offer” for hereditary employment on compassionate grounds, the Hyderabad High Court on Thursday sought a response from the Centre, Singareni Collieries Company Ltd and the TS government on a PIL challenging a circular issued by the SCCL to fill 30,000 vacancies with dependents of existing employees by making compassionate appointments.
A division bench comprising Justices V. Ramasubramanian and J. Uma Devi was dealing with a PIL by one K. Satish Kumar, a resident of Godavarikhani town of Peddapally district, challenging the circular issued in December, 2016 contending that it was violative of the Fundamental Right of Equality and Equal Opportunities guaranteed under Article 14 and 16 and also violative of Right to Life guaranteed under Article 21 of the Constitution.
Sarasani Satyam Reddy, senior counsel appearing for the petitioner, said that virtually, employment in SCCL will not be available for the unemployed but would turn into hereditary employment which is impermissible in law.
Mr Satyam Reddy said the circular enables an employee appointed in the company at the age of 35 to become eligible to nominate his dependent for employment at the age of 48 years, with 13 years of service.
The bench pointed out that compassionate appointment was meant for members of families who lost an earning member or for the family of employee unfit to perform his duties. If hereditary employment is allowed, there is a possibility that each employee would expect a job for his offspring, the court said.
TS advocate-general K. Ramakrishna Reddy said that these appointments cannot be equated with other appointments; these jobs are given to the family members of employees who are in the age group of 48 to 58 years and seeking voluntary retirement on medical grounds. He said that these employees are basically labourers. Adjourning the case to March 6, the bench directed the respondents to file counter affidavits.
