HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.12182 OF 2022

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) Declaring the action of the respondents 1 to 5 in declaring petitioner is medically fit for services though the petitioner is having Knee pains lower back pain, neck pain and other old age problems issues as per the Mines Act, 1952.

b) Declare the action of the respondents 1 to 5 not followed the medical examination as per the Mines Act, 1952 and its Rules, 1955 and not issued any proper medical certificate to the petitioner and c) Declare the action of the respondents 1 to 5 not providing opportunity to approach Appellate Medical Board by alleging the petitioner to refer the matter to 6^th respondent and not provided proper medical documents and the same is illegal, arbitrary, unjust, contrary to the Mines Act, 1952 and its Rules, 1955, and also National Coal Wages Agreement-VI, violative of principles of natural justice and violative of Articles 14, 19 and 21 of the Constitution of India, and consequently declare that petitioner is medically invalidated as per his diseases as per the Mines Act 1952, and its Rules, 1955 and as per the National Coal Wages Agreement-VI and further declared that petitioner is entitled for all statutory benefits with retrospectively under Mines Act, 1952 and Rules 1955 and National Coal Wages Agreement 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 Support Man 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 1^st Respondent Company. Thereafter, the petitioner was examined by the 5^th Respondent-Corporate Medical Board and the 5^th respondent declared that the petitioner is medically fit for the same post on

13.05.2017.

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 5^th respondent, thereby denying the petitioner his statutory right of appeal to the 6^th 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.,6^th respondent 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