IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI ON THE 15^th OF NOVEMBER, 2022 WRIT PETITION No. 4976 of 2017 BETWEEN:-

INDRA KUMAR SAHOO S/O SHRI VASUDEV SAHOO, AGED ABOUT 25 YEARS, HOME NO 40, VILLAGE SOLANG P.O GORBI (MADHYA PRADESH)

.....PETITIONER (BY SHRI K.C. GHILDIYAL, SENIOR ADVOCATE ASSISTED WITH SHRI SHIVAM MISHRA, ADVOCATE)

AND

1. NORTHERN COALFIELDS LIMITED THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR SINGRAULI (MADHYA PRADESH)

2. DIRECTORA (PERSONNEL) NORTHERN COALFIELDS LIMITED DISTT. SINGRAULI (MADHYA PRADESH)

3. GENERAL MANAGER (MAN POWER/RECRUITMENT) NORTHERN COALFIELDS LIMITED DISTT. SINGRAULI (MADHYA PRADESH)

4. CHIEF OF MEDICAL SERVICES, NEHRU SHATABDI CHIKITSALAYA NORTHERN COALFIELDS LIMITED JAYANT POST OFFICE JAYANT (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI GREESHM JAIN, ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

Petitioner has filed this petition while praying for the following reliefs:

Signature Not Verified "i. A writ order or direction in the nature of certiorari thereby quashing the impugned order 27/01/2016 issued by respondent No.4 (copy of which has not been supplied to the petitioner) and order dated

15/02/2016 issued by respondent No.3 (Annexure P/11).

ii. A writ order or direction in the nature of mandamus thereby directing the respondents to grant appointment to the petitioner from the date when other persons interviewed on 12/02/2014 were granted appointment with all consequential benefits including pay and allowance, sincerity, continuity in service etc.

iii. Any other appropriate writ, order or direction which the Hon'ble Court may deem just and proper in the nature and circumstances of the case."

The facts as narrated in the petition reveal that the land belonging to the father of the petitioner acquired for mining purposes by the respondent No.1/company. As in terms of the provisions of rehabilitation and resettlement policy, one of the member of the affected family was entitled for employment, the father of the petitioner sponsored name of the petitioner for employment. The petitioner was called for interview on 12/02/2014 and the petitioner after interview process was recommended for appointment by the selection committee. Thereafter, the petitioner was referred to Nehru Shatabdi Chikitsalaya, Jayant for medical examination. Senior Medical Officer of the said hospital, declared the petitioner unfit for employment on the ground that the petitioner was suffering from "Patent Foramen Oval (PFO) (ASD). Accordingly, the petitioner was denied appointment. Thereafter, the petitioner was referred to Sanjay Gandhi Post Graduate Institute of Medical Sciences (SGPGIMS), Lucknow by respondent No.4 and the petitioner was examined in the said hospital in Lucknow and was not found to be a patient of any cardiac illness. Thereafter, the petitioner submitted another application before Signature Not Verified respondents dated 21/08/2014 for his medical re-examination. The petitioner then was asked to appear before Appellate Medical Board for re-examination on 12/12/2015. The petitioner appeared before the Appellate Medical Board but was shocked to receive impugned communication dated 15/02/2016 by which the petitioner was intimated that the petitioner upon medical examination by the Board was not found fit for the job as the petitioner was diagnosed with (1) Flow across atrial septum with (Lt.) to (Rt.) shunt, (2) PR+TR+ (3) Mild PAH (Pulmonary Hypertension). Therefore assailing the communication dated

15/02/2016 (Annexure P/11) this petition has been filed.

Learned senior counsel for the petitioner submits that in the present case, the petitioner was examined in the Sanjay Gandhi Post Graduate Institute of Medical Sciences (SGPGIMS), Lucknow. Thereafter, the petitioner was also examined by the All India Institute of Medical Sciences (AIIMS), New Delhi, and the (AIIMS) New Delhi also found the petitioner to be fit for employ