Reserved on: 30.12.2025 Pronounced on: 07.012.202062:6A PHC:350 APHC010371482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18886/2024 Between:

1. MABAGAPU JAGADEESHWARA RAO, S/O MABAGAPU HARINADHASWAMY, AGED 46YRS, OCC COMPANY SECRETARY, (RASHTRIYALSPAT NIGAM LIMITED/VISAKHAPATNAM STEEL PLANT) R/O D.NO 31- 2- 34/4, FLAT NO 201, LAKE VIEW HEIGHTS, SIVA SAI NAGAR, RD NO 1, KURMANAPALEM, VADLAPUDI, VISAKHAPATNAM-

530046.

...PETITIONER AND

1. THE UNION OF INDIA, MINISTRY OF POWER, REP BY ITS SECRETARY, GOVERNMENT OF INDIA, SHRUM SAKTHI BHAVAN RAFIMARG NEW DELHI 110001.

2. NATIONAL THERMAL POWER CORPORATION LIMITED NTPC, HAVING ITS REGISTERED OFFICE AT NTPC BHAVAN, CORE7, SCOPE COMPLEX, LODHI ROAD, NEW DELHI 11003, REP BY ITS CHAIRMAN-CUM- MANAGING DIRECTOR.

3. SENIOR MANAGER HR, NATIONAL THERMAL POWER CORPORATION LIMITED (NTPC), HAVING ITS REGISTERED OFFICE AT NTPC BHAVAN, CORE7, SCOPE COMPLEX, LODHI ROAD, NEW DELHI 11003.

4. CHIEF MEDICAL OFFICER, JEEVANA REKHA HOSPITAL, NTPC SIMHADRI, PARVAWADA, VISAKHAPATNAM.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the (a) action of the Respondents in denying the appointment to the post of the Deputy General Manager(E-7 Level) in the functions of Company Secretary to the petitioner on Medical Grounds vide email communication dated 8th August 2024 though the Expert Medical Examination opinion of NIMS Hospital Cardiologist obtained by the petitioner on the advice of the Respondents declared the petitioner diagnosed with Hypertrophic obstructive cardiomyopathy (HOCM) is not causing any hindrance or interference to the petitioner with the efficient performance of the duties assigned to the Post of the Deputy General Manager(E-7 Level) in the functions of Company Secretary as illegal, unfair, arbitrary, malafide, violation of principles of natural justice. Contrary to the NTPC Medical Norms and Standards for Medical Fitness and hit by violation of Articles 14, 19 and 21 of the Constitution of India. (b) Further direct the respondents to appoint the petitioner to the post of the Deputy General Manager (E-7 Level) in the functions of Company Secretary as notified in advertisement No 7/2023 with all notional benefits including seniority, pay scale and other consequential benefits by setting aside all the observations made in the email communication dated 8th August 2024 of the Respondents, in the Interests of Justice and to pass such other orders.

IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned email communication dated 8th August 2024 communicated by the respondents pending disposal of the Writ Petition and pass such other orders.

IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to not to take any steps in concluding the appointment to the post of the Deputy General Manager (E-7 Level) in the functions of Company Secretary notified under advertisement No 7/2023 pending disposal of the Writ Petition and pass such other orders.

IA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders granted by this Hon’ble court on 29/08/2024, which were extended on 19/09/2024 in W.P.No.18886 of

2024, and pass such other order.

Counsel for the Petitioner:

1. CHALLAGALI GOPALARAJU Counsel for the