Indian Rare Earths Limited and Chief General Manager, Rare Earth Division, Udyogamandal v. Jayabindu K.V.
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Manjula Chellur
- K. Vinod Chandran
- Judgment Date
- 2013-09-04
- Court Decision / Holding
- Writ Appeals disposed of as indicated above. The court upheld the learned Single Judge’s view that petitions should be considered under the scheme applicable at the date of submission, while allowing petitioners an option to take financial assistance in lieu of compassionate appointment within three months from the copy of the judgment. If not opted, the appellant-company shall proceed with consideration of the petitioners’ applications under the current scheme. Until final decision, petitioners may continue as casual employees where such employment exists, with priority for casual work when needed.
- Final Disposition
- Disposed of | WA disposed of with directions as above and no interference with the Single Judge’s order.
Parties to the Case
Appellants / Petitioners
- The Indian Rare Earths Limited
- The Chief General Manager, Rare Earth Division, Udyogamandal
Respondents
- Jayabindu K.V.
Legal Representation & Advocates
Counsels for Petitioners
- • Sri.E.K.Nandakumar (Sr.)
- • Sri.P.Gopinath
- • Sri.P.Benny Thomas
- • Sri.K.John Mathai
Counsels for Respondents
- • Smr. P.K.Santhamma
Case Synopsis & Summary
This writ appeal concerns compassionate appointment for dependents of former employees of Indian Rare Earths Limited (IREL). The writ petitioners, dependents of employees who died in harness, rely on a Memorandum of Settlement (Ext. P1) which allegedly framed a scheme prioritizing compassionate appointments by the date of death with a 5% vacancy quota. The petitioners, originally engaged as casual workers, submitted applications for compassionate appointment and waited in queue as others who were earlier in line obtained relief. A subsequent scheme introduced a three-year time limit from the date of death for appointment, which disadvantaged petitioners who were otherwise eligible under the earlier policy. The company contends that its policies evolved over time in response to government schemes and that, once the time limit was introduced, only those within three years could be considered; those beyond were excluded. The learned Single Judge relied on Bharat Sanchar Nigam Ltd. v. Tittin and Sushma Gosain to hold that rights accrued under the policy in existence at the time of submission must be respected, and that the policy as on the date of submission governs. The Division Bench, while acknowledging policy changes, found no reason to override the judgment and directed that petitions be considered under the scheme applicable at the date of submission, with an option for financial assistance. It disposed of the WA accordingly, issuing three months for election and ordering continued casual engagement where relevant.
Submissions & Arguments
Contentions of Appellants / Petitioners
The appellants contend that the compassionate appointment policy applicable at the time of submission of the applications should govern their cases, and that the three-year time limit introduced later should not bar relief for petitions filed when the policy existed. Ext.P1 and its clause 1.4 show a scheme with a 5% vacancy quota for compassionate appointments, and that rights accrued to petitioners when the policy existed. They argue that the company’s stance has fluctuated with changing government schemes, and denying relief on grounds of subsequent policy changes would be unjust. The option of monetary assistance is to be treated as supplementary and not as a blanket exclusion from consideration under the original scheme. Petitioners should be treated under the old regime as on the date of their applications, with priority given to those still in service as casual employees if relief is not sought in lieu of appointment.
Contentions of Respondents
The respondents contend that the policy evolved with time and that the three-year time limit provides a clear eligibility criterion; petitions cannot be entertained under a scheme that has since been replaced. While Ext.P1 authorized certain framework, the policy changes are valid and reflections of government directions. The learned Judge’s reliance on the policy in existence at the date of submission, and the duty to proceed under the current scheme, are consistent with administrative prudence. The respondents emphasize that relief must be determined under the applicable scheme at submission or its successors, and that petitioners may opt for the monetary assistance offered in lieu of appointment if beneficial.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Bharat Sanchar Nigam Limited v. Tittin | 2011(4) KLT 409 | Positive | The Division Bench relied on this decision to support interpreting the evolving scheme and the rights accrued under the policy in force at the time of submission. |
| Sushma Gosain v. Union of India | (1989) 4 SCC 468 | Positive | The Apex Court’s view that rights accrued under the policy existing at the time of submission supported the petitioners’ stance. |
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