ORDER :

Heard learned counsel for the petitioner and learned standing counsel appearing for the respondents.

2. The petitioner filed this writ petition to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the acts, deeds and things of the respondents in declaring the petitioner is medically fit is illegal, arbitrary and violative of rights guaranteed by the Constitution of India against to the Mines Act, 1952 and its Rules, 1955 and National Coal Wages Agreement (NCWA) and consequently declare that petitioner is medically invalid from the services of the respondents Company from 15-09-2015 and further direct the Respondents to issue statutory benefits under Mines Act, 1952 and its Rules 1955.

3. The case of the petitioner, in brief, is as follows:

a) When the petitioner was working as Hammer Man (R), KK-1, Mandamarri Area, he fell ill and was given treatment by the respondent company in Area Hospital, Ramakrishnapur.

c) The petitioner was referred to Corporate Medical Board, Bhadaadri-Kothagudem District, by the 4th Respondent vide Ref. No. RKP/MED/C/001/2359, dated 09.04.2015. On 15-09-2015 the 4th respondent conducted Corporate Medical Board examination and found that the petitioner was unfit for further service.

d) Thereafter, the petitioner applied for statutory benefits with the respondent Company under Mines Act and National Coal Wages Agreement (NCWA) and on the Vigilance Enquiry against the Doctors of the respondent company again they have conducted Medical Examination on 23.07.2016. e) The petitioner was referred to NIMS, Hyderabad for MRI Scanning vide ref. CRP/MED/C/002/2978 dated 26.05.2016 and they conducted Medical Examination and sent report to the respondent Company.

f) The respondent company sent a letter dated 29.10.2016, vide ref.No.MMR/PER/E/175 that the medical examination results of the petitioner was kept as ‘results withheld’ and till today not declared, which is illegal.

g) On 30-05-2017 the petitioner made a representation to respondents to declare him as unfit for further service in respondent company and provide dependant employment to his son and also informing that he would be retiring from service on 31-05-2017.

h) Aggrieved by the inaction of the respondents, the petitioner filed Writ Petition No.39473 of 2018 before the High Court and at the time of admission, the 4th respondent was directed to declare the Medical Fitness results of the Petitioner.

i) After the direction of the High Court, the 4th respondent on 10-12-2018 has informed that the Medical Board could not be conducted due to Administrative reasons and that as per the Neuro Surgeon report of NIMS, the petitioner was fit for the Job.

j) The petitioner who was suffering from Neuro problem was declared fit for job is illegal, unilateral and without conducting any enquiry into the issue. Hence this Writ Petition.

4. The case of the respondents, in brief, is as follows:

a) The Petitioner was initially appointed in the respondent company and retired on 31-05-2017, on attaining the age of Superannuation. The name of the petitioner was removed from the rolls of the company on 20-04-2017. Further, the Terminal benefits were not settled due to the petitioner not approaching the concerned authorities even though, the petitioner was given a month notice dated 01-04-2017.

b) The Corporate Medical Board declared the petitioner as unfit for services on 15-09-2015, but the Vigilance Department of respondent Company received information that the petitioner was malingered as if he was suffering from disease in order to be declared as unfit by the Corporate Medical Board.

c) Basing on this information, the Vigilance Department has conducted the enquiry and advised the concerned authority to re-assess the medical fitness of the petitioner.

d) After admission into NIMS, the petitioner was directed to attend the C