THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

ORDER:

In this writ petition, the petitioner is seeking a writ of mandamus declaring the proceedings dated 08.10.2020 passed by the respondent No.2 as well as the proceedings dated 24.02.221 passed by the respondent No.1, as illegal, arbitrary, unconstitutional and consequently to direct the respondents to allow the petitioner to discharge his duties as directed by the respondent No.2 vide order dated 28.02.2019 and to grant all consequential benefits and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that the petitioner was appointed as a Conductor on contract basis on 02.05.2011. Subsequently, his services were regularized in the year 2014. On the ground of unauthorized absence, the petitioner was removed from service on 04.10.2018. The appeal was also rejected and thereafter during the revision, punishment order was modified into re- instatement into services with a punishment of deferment of annual increments for a period of two years with cumulative effect and with a condition that he should be directed to appear before the Medical Officer for Medical Fitness. It is submitted that the petitioner underwent medical examination as directed, but he was declared as an unfit for A2 Category Conductor, due to problem of his vision. The petitioner was informed about his medical unfitness and thereafter the respondent No.2 cancelled the reinstatement order dated 28.02.2019 vide his order dated 08.10.2020. It is submitted that the petitioner has filed a mercy petition before the respondent No.1, who rejected the same by holding that the petitioner has exhausted all levels of appeals before the respondent corporation.

3. Learned counsel for the petitioner submitted that the petitioner has underwent an eye test in Sarojini Devi Eye Hospital and after getting the defect corrected, he has filed review petition before the respondent No.1 on 27.07.2021 along with the reports of Sarojini Devi Eye Hospital. It is submitted that the petitioner was directed to submit fitness certificate issued by the Sarojini Devi Eye Hospital and also Passport size photographs and to present himself before the Superintendent, Chief Medical Officer, TSRTC, Tarnaka, for re-medical examination by the Medical Board. Challenging the same, this writ petition has been filed before this Court. Vide interim orders dated 17.09.2021, this Court had directed the respondents to consider the representation of the petitioner dated 27.07.2021 on the basis of fitness certificate issued by the Sarojini Devi Eye Hospital, vide Out-Patient Card, dated 27.07.2021, within a period of eight weeks from the date of receipt of the copy of the order.

4. Learned counsel for the petitioner submits that the respondents, without complying with the directions of this Court, are insisting that the petitioner should appear before the Medical Board of TSRTC again. It is submitted that the letter issued by the Office of the Managing Director, Bus Bhavan, Hyderabad, dated 15.09.2021, has clearly stated that in TSRTC, the decision of Medical Board is final and that they have decided in their mind not to give any opportunity to the petitioner and therefore no useful purpose would be served by presenting himself for re-medical examination.

5. Learned Standing Counsel appearing for the respondents, on the other hand, submitted that the Corporation has its own medical standards and therefore petitioner would have to appear before the Medical Board of TSRTC, Tarnaka. It is further submitted that the petitioner was refusing to submit himself for the medical examination and therefore, the case of the petitioner cannot be considered and accordingly, they have filed stay vacate petition before this Court.

6. Having regard to the rival contentions and the material on record, this Court finds that the hindrance in this case seems to be the non appearance of the petitioner before the