HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.11065 OF 2020

ORDER:

Heard 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:

“…pleased to issue to a writ order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 5^th Respondent Corporate Medical Board of the 1^st Respondent Company dated 27.06.2020 in so far declaring that the petitioner is medically it for service in the same job, as illegal, arbitrary and violative of principles of natural justice contrary to the Mines Act, 1952 and its Rules 1955 specifically under Rule 29(F) (1) Rule 29-J and Rule 29 (L) and also contrary to the provisions of the National Coal Wages Agreement, and consequently set aside the same, by holding that the petitioner is eligible and entitled for re-medical examination in respect of his health problems before the respondents 6 and 7 and 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 a Pump Operator in the 1st Respondent-Company and the petitioner has been diagnosed with multiple health conditions, including paralysis, minor brain bleed, and cardiac issues and petitioner received treatment from Area Hospital and the Main Hospital of the 1st Respondent Company. Thereafter, the petitioner was examined by the 5th Respondent-Corporate Medical Board and the 5th respondent declared that the petitioner is medically fit for the same post on

27.06.2020.

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 5th respondent, thereby denying the petitioner his statutory right of appeal to the 7^th respondent/Appellant 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.,7^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 the relevant records pertaining to the petitioner have to be examined prior to issuance of the Form “O” certificate in favour of the petitioner and further that the petitioner had not applied for the same to the 3^rd respondent as on date and hence, it is open to the petitioner to make an application / representation to the 3^rd respondent seeking issuance of Form “O” certificate to the petitioner herein to enable the petitioner to prefer an appeal to the Appellate Medial Board/ 7^th respondent herein and the same would be considered in accordance to law, after due examination of th