Telangana High Court
Chinthapandu Rajamallu vs The Singareni Collieries Company ... on 2 July, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.30924 OF 2023
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,
(A) 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 Honorable
Court in W.A.No.477 of 2013, dated 17.06.2013
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
unfit in respect of discharging his duties, with all
consequential benefits,
SN, J
(B) declaring that the Minutes of the 5th Respondent-
Corporate Medical Board Proceedings and the
letter vide Ref.No.RG3/OC1MGR/W63/3924 dated
13/17.09.2021 issued by the Respondents
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 Welder 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 18.08.2021.
SN, J
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 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
SN, J
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
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 Medial Board/6th respondent
herein and the same would be considered in accordance to
SN, J
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:-
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
SN, J
The Writ Petition is disposed of directing the
petitioner to submit a detailed representation to the 3rd
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
SN, J
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/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
