Telangana High Court directs Singareni Collieries Company Limited (SCCL) to reinstate a badli filler

Justice J. Sridevi of the Telangana High Court directed Singareni Collieries Company Limited (SCCL) to reinstate a badli filler, who was unlawfully kept away from service and to pay all consequential benefits within a period of three months. The judge made the order in a writ plea filed by G. Srinivas, a resident of Adilabad district. It was the case of the petitioner that he was empanelled as ‘badli filler’ on compassionate appointment in 1989 and in 1992 transferred to Ramakrishnapur. 

However, posting orders were not issued to him by the general manager as directed in the transfer orders. He stated that, in the meanwhile, he was implicated in a criminal case and confined in Warangal Central Jail. He was acquitted in 1996 and thereafter underwent prolonged medical treatment till 1999.

He contended that after recovering from illness he reported for duty but was not permitted in spite of the fact that there were no disciplinary proceedings against him. He stated that representations made in 1999 and 2009 went unheeded. SCCL contended that the petitioner was on unauthorised absence and hence he was dis-empanelled and subsequently on his assurance to be regular to his duties he was re-empanelled as ‘badli filler’ in



1991.

The respondents argued that the petitioner was transferred to Ramakrishnapur in 1992 asking him to report to he general manager on June 9, 1992. The petitioner did not report and those who had reported for duty were issued posting orders. Considering the rival claims, the judge said that the respondents “have failed to initiate any disciplinary proceedings against him for his un- authorised absence. The respondents, for reasons best known to them, have kept quiet in spite of the petitioner not reporting to duty.”

Relying on the judgments of the apex court, Justice Sridevi ruled that, “the petitioner was kept out of service as he was neither issued any posting orders after his transfer to Ramakrishnapur area nor any disciplinary proceedings were initiated for his alleged un-authorised absence. Therefore, the petitioner is entitled for reinstatement with all consequential benefits.” 

The judge further directed to “permit the petitioner to discharge his duties as a badli filler and pay him all consequential benefits within a period of three months from the date of receipt of a copy of this order. The petitioner is also entitled to promotions, if any, in accordance with the rules.”