Telangana High Court
R.Venkanna vs The Singareni Collieries Company ... on 2 July, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.302 OF 2022
ORDER:
Heard Sri Ch.Venkat Raman, learned counsel appearing on behalf of the petitioner and Sri P.Sri Harsha Reddy, learned standing counsel appearing on behalf of the respondents.
2. The petitioner approached the Court seeking prayer as under:
"...to issue a writ, order or direction and more particularly one in the nature of Writ of Mandamus, directing the Respondents 1 to 4, to refer the case of the petitioner to the 6th Respondent-Appellate Medical Board along with all the relevant medical records of the 5th respondent-Corporate Medical Board, under Rule 29-J of the Mines Rules, 1955 in pursuance of the Judgment of the Division Bench of this Hon'ble Court in W.A.No.477 of 2013, dated 17.6.2013 and also as per the Common Order made in W.P.No.42417 of 2018 and batch, dated 19.05.2020, so as to enable the Appellate Medical Board to certify that the petitioner is medically fit or unfit in respect of discharging his duties, with all consequential benefits, declaring that the Minutes of the 5th respondent-Corporate Medical Board Proceedings, by the 4th respondent, vide Ref.No.MMR/PER/E/175/2020/2219, 2 SN, J dated 27.03.2020, certifying that the petitioner is medically fit for the same job, under Rule 29 (F) (2), as illegal, arbitrary, unjust, contrary to the Mines Act, 1952 and its Rules, 1955, violative of principles of natural justice and violative of Articles 14, 19 (1) (g) and 21 of the Constitution of India, and to pass..."
3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-
The petitioner is working as General Mazdoor in the 1st Respondent-Company and the petitioner had been diagnosed with multiple health conditions and petitioner received treatment from Area Hospital and the Main Hospital of the 1st Respondent Company. Thereafter, the petitioner was examined by the 5th Respondent-Corporate Medical Board and the 5th respondent declared that the petitioner is medically fit for the same post on 27.02.2020.
It is further the case of the petitioner that the medical examination was not conducted in accordance with the Mines Act, 1952 and Mines Rules, 1955, and the petitioner was not provided with a copy of his medical certificate or its reasoning for 3 SN, J holding that the petitioner is medically fit for the job by the 5th respondent, thereby denying the petitioner his statutory right of appeal to the 6th respondent/ Director General of Mines & Safety/Appellate Medical Board as contemplated under the Indian Medical Council Act, 1956. Aggrieved by the same, the petitioner preferred the present writ petition.
4. Learned counsel appearing on behalf of the petitioner submits that the subject issue in the present Writ Petition is squarely covered by the orders of this Court, dated 19.10.2023 passed in W.P.No.29477 of 2023, and the orders dated 19.11.2024 passed in W.P.Nos.20150 of 2019 & batch and the orders dated, 16.07.2024 passed in W.P.Nos.4025 of 2022 & batch and hence, the Writ Petitioner is entitled for the relief of issuance of Form "O" certificate by the respondents to the petitioner to enable the petitioner to prefer an Appeal to the Appellate Medical Board i.e.,6th respondent herein/Director General of Mines & Safety, Dhanbad, Jharkhand State and also to enable the petitioner to submit all the medical records of the petitioner to 4 SN, J Appellate Medical Board for taking necessary action on the appeal to be preferred by the petitioner.
5. Learned standing counsel appearing on behalf of the respondents submits that the relief as granted by this Court dated, 16.07.2024 passed in W.P.Nos.4025 of 2022 and batch and other similar orders relied upon by the petitioner cannot be granted to the petitioner herein, since the relevant records pertaining to the petitioner have to be examined prior to issuance of the Form "O" certificate in favour of the petitioner and further that the petitioner had not applied for the same to the 3rd respondent as on date and hence, it is open to the petitioner to make an application /representation to the 3rd respondent seeking issuance of Form "O" certificate to the petitioner herein to enable the petitioner to prefer an appeal to the Appellate Medical Board/6th respondent herein and the same would be considered in accordance to law, after due examination of the relevant records pertaining to the petitioner herein and appropriate orders would be passed in due course on the said representation 5 SN, J to be submitted by the petitioner to the 3rd respondent herein within a reasonable period.
6. Learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned standing counsel appearing on behalf of the respondents.
7. Taking into consideration:-
a) The aforesaid facts and circumstances of the case.
b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned standing counsel appearing on behalf of the respondents.
c) The judgments of this court enlisted below:-
i) Order dated 19.10.2023 passed in W.P.No.29477 of 2023,
ii) Order dated 19.11.2024 passed in W.P.Nos.20150 of 2019 & batch and
iii) Order dated, 16.07.2024 passed in W.P.Nos.4025 of 2022 & batch The Writ Petition is disposed of directing the petitioner to submit a detailed representation to the 3rd 6 SN, J respondent, duly enclosing the orders dated 19.10.2023 passed in W.P.No.29477 of 2023, and the orders dated 19.11.2024 passed in W.P.Nos.20150 of 2019 & batch and the orders dated, 16.07.2024 passed in W.P.Nos.4025 of 2022 & batch , seeking issuance of Form "O" certificate to the petitioner herein to enable the petitioner to prefer an Appeal to Appellate Medical Board/6th respondent herein, and upon the petitioner making the said application/representation within a period of one (01) week from the date of receipt of copy of the order, the 3rd respondent is directed to consider the same, in accordance to law, duly taking into consideration the view and observations of this Court in the judgments, dated 19.10.2023 passed in W.P.No.29477 of 2023, and the judgment dated 19.11.2024 passed in W.P.Nos.20150 of 2019 & batch and the judgment dated, 16.07.2024 passed in W.P.Nos.4025 of 2022 & batch duly examining the applicability of the said Judgments to the facts of the present case and duly examining the relevant records pertaining to the petitioner and pass appropriate orders on the said application/representation within a period of 7 SN, J six (06) weeks from the date of receipt of copy of the order and duly communicate the decision to the petitioner, pertaining to the request of the petitioner for issuance of "O" certificate so as to enable the petitioner to prefer an Appeal to Appellate Medical Board/6th respondent herein. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date:02.07.2025 ssm