SC Upholds Quashing Of ‘Hereditary Employment’ Scheme For SCCL Employees [Read Order]

HC had observed that scheme is a device to perpetuate succession.

In a blow to Singareni Collieries Company Limited (SCCL) employees, the Supreme Court has upheld the Andhra Pradesh High Court judgment which had quashed ‘hereditary jobs’ scheme for SCCL employees.

Last November, Singareni Collieries Company Limited (SCCL) had revived the scheme of jobs on heredity basis for existing workers aged between 48 and 59 years as on October 11, 2016, so that any son, son-in-law or younger brother of theirs can apply for the job.

The high court, on a public interest litigation filed by Satish Kumar of Godavarikhani, had quashed the said circular, holding it violative of Articles 14 and 16 of the Constitution.

The high court had further observed that the scheme is a device to perpetuate succession, by easing out employees on the verge of retirement, just two years prior to their retirement so that they can pass on the baton to their chosen dependent.

 “It is very clear that the scheme seeks to confer a benefit upon persons who are medically claimed to be unfit, but who can serve either up to 58 years of age to pave way for their ward to get appointment or up to 60 years of age in case the ward is found to be medically unfit. Such a scheme clearly offends Article 16 of the Constitution, since the two pre-requisites indicated in V. Sivamurthy, namely, (a) unemployability, due to medical invalidation and (b) becoming a burden on the family due to such unemployability, will not be satisfied in cases covered by the scheme,” the high court observed.

The Telangana Boggu Gani Karmika Sangam (TBGKS) had approached the apex court, challenging the high court verdict. But the CJI-headed bench dismissed their special leave petitions, quoting in approval the reasoning given by the high court while quashing the circular.

Read the Order here.