SC Confirms HC Decision Against Hereditary Jobs In Singareni
New Delhi: The Supreme Court on Monday said ‘no’ to hereditary jobs for the children of the employees in Singareni Collieries. The Hyderabad High Court earlier said hereditary jobs scheme is against the Constitution. The Telangana Government had promised to implement the scheme. The judgment of the HC was challenged by Coal Mines Workers organisation in the apex court. The SC had upheld the decision of the HC. The apex court has supported the 15th and 16th paras of the HC judgment.
The HC had also declared the circular issued by the management of Singareni Collieries on 20 December 2016 as null and void. The bench of the HC comprising Justice V Subramanian and Justice Uma Devi made it clear that if any sympathetic consideration has to be given it can be done in the case of employees who cannot work because of ill-health. That too the appointments have to be in conformity with the guidelines issued by the SC.
Satish Kumar of Godavarikhani had filed a PIL in the HC against the circular issued by the Collieries. The HC has taken into consideration the SC judgment in V Sivamurthy Vs Andhra Pradesh case in 2008. The SC made it clear that even if an employee is unwell he cannot be declared as invalid in order to give mercy appointment to his son.
The retirement age in the Collieries is 58 years. If some one is found medically unfit he has to be continued till two years before the retirement age. If the person seeking mercy appointment is also medically unfit, he can be continued in service till 60 years. But the SC said in Sivamurthy case that a mercy appointment can be made only when the employees become invalid and a burden to the family. If the wife and husband are working in Singareni Collieries, the wife is not eligible to the hereditary scheme. Only men are eligible to the hereditary scheme. This is a clear case of gender bias. Only son or son-in-law or brother is eligible for hereditary job. This is in violation of the Articles 15 and 16 of the Constitution. But the management of Singareni Collieries had argued that since one has to go down into the mines to the extent of 400 meters, women cannot be considered for that kind of jobs. The court has opined that the management should have treated both wife and husband, where both are employees, on par.
After the HC had given its judgment, h Chief Minister K Chandrashekhar Rao had reviewed the situation and decided to go to the SC in appeal. MPs Kavitha, Suman, Government Chief Whip Koppula Eswar, whip Nallala Odelu, RTC Chairman Somaraju Satyanarayana and senior Government officials participated in the deliberation before deciding to challenge the HC decision.