Telangana High Court
Bangari Gandhi vs The Chairman And Managine Director And 3 ... on 2 July, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.784 OF 2020
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 to a writ, order or direction more particularly
one in the nature of writ of Mandamus declaring the
action of the Respondents in declaring Petitioner is
medically fit for service in the Respondent Company is
illegal and arbitrary and against the Circulars vide Ref
No.CRP/PER/IRPM/C/081/1218 dated 07.04.2015
CRP/PER/IR/C/081/305 and CRP/PER/IR/C/081/306
dated 09.03.2018 and also against the Mines Act, 1952,
and its Rules, 1955, and consequently direct the
Respondents to conduct medical examination as per the
Respondent Company above Circulars and as per Mines
Act, 1952, and its Rules, 1955, and as per the National
Coal Wages Agreement and pass..."
SN, J
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 Sweeper Night SOH 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 4th
Respondent-Corporate Medical Board and the 4th respondent
declared that the petitioner is medically fit for the same post on
18.07.2018.
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
holding that the petitioner is medically fit for the job by the 4th
respondent, thereby denying the petitioner his statutory right of
appeal to the Director General of Mines & Safety/Appellate
Medical Board as contemplated under the Indian Medical
SN, J
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 /Director General of Mines & Safety,
Dhanbad, Jharkhand State and also to enable the
petitioner to submit all the medical records of the
petitioner to 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
SN, J
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 Medial Board 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 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:-
SN, J
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
Appellate Authority i.e., Appellate Medical Board/ Director
General of Mines & Safety, Dhanbad, Jharkhand State,
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
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petitioner herein to enable the petitioner to prefer an
Appeal to Appellate Medical Board, 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 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. However,
there shall be no order as to costs.
SN, J
Miscellaneous petitions, if any, pending in this Writ
Petition, shall stand closed.
___________________________
MRS. JUSTICE SUREPALLI NANDA
Date:02.07.2025
ssm
