HYDERABAD: In a relief to retired employees of erstwhile Azam Jahi Mills in Warangal district, the Hyderabad High Court directed the authorities to allot house plots to all the eligible retired employees on par with other ex-employees of the mill who were already allotted house plots measuring 200 square yards each.
Justice M Sitarama Murti was considering a petition filed by Azam Jahi Mill Workers Association of Warangal against the “Modified Voluntary Retirement Scheme of 2002”. The petitioners urged the court to declare as illegal the action of the respondents in not allotting house plots to members of the petitioner association (332 members) on par with 134 ex-employees of the mill who were allotted house sites in 2007.
After hearing the case, the judge pointed out that the house plots were allotted to (134) ex-workers who had continued to stay in the quarters despite serving notice calling upon them to vacate the quarters. Since they had continued in the quarters inspite of serving notice to vacate, they were conferred the benefit of allotment of house plots. Whereas, the members of the petitioner association, being law abiding citizens had vacated the quarters pursuant to a notice. There is sufficient evidence brought on record to show that about 10 acres of land is still available.
“In the well-considered view of this Court, when a benefit is conferred on (134) ex-employees who are on par with the eligible members of the petitioner association, denying a similar benefit to the members of the petitioner association, though they are on par with the said (134) ex-employees, who are allotted house plots, would amount to differential treatment or treating them differently. Having regard to the facts and considering the plight of the members of the petitioner association, the court is satisfied that non-allotment of housing plots to the eligible members of the petitioner association amounts to differential treatment and violation of Article 14 of the Constitution of India”, the judge observed while allowing the petition.
As many as 442 employees worked in the mill for more than 20 years and they were allotted quarters constructed and owned by the mill. The mill was closed due to mismanagement in the year 2002. They had voluntarily retired pursuant to a voluntary retirement scheme in 2002. Though some of them were forcefully evicted, about 134 employees continued to stay in their respective quarters.
Later the NTCL (National Textile Corporation Limited) sold away the machinery and infrastructure of the mill and handed over the land measuring of 202 acres to the Telangana state and Kakatiya Urban Development Authority (KUDA) in Warangal for development. A portion of the land was sold to housing board and KUDA and also other institutions.
Following a proposal, the state government permitted the KUDA to allot 200 square yards of developed plot free of cost to each of the 134 ex-employees. The members of the petitioner association made representations to the authorities requesting to allot house sites on par with other ex-employees, but the latter did not consider it. The members then moved the high court for relief.