HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.16111 OF 2023

ORDER:

Heard Sri R.Sheetal Kumar, 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4^th respondent in declaring me as medically fit for duties as per the result without conducting proper medical examination by the specialist even though the petitioner is not able to perform his duties in view of various ailments illegal arbitrary abuse of process of law violation of principles of natural justice and discrimination and set aside the result of the Corporate Medical Board and consequently direct the considering the representation dt 30/12/2022 submitted by him in the interest of justice…”

3. It is specific case of the petitioner that the petitioner is Timberman in the respondent company and served the company for 30 years without any negative record. The specific case of the petitioner is that the petitioner is suffering from Back pain, Knee pain and Neck pain and so petitioner made an application to the company for medical examination with regard to his fitness to work. The Singareni Corporate medical board after examination of the petitioner gave the report whereby it reported that the petitioner is “Fit for the Job”, however, the reports given by the NIMS and two other institutions show that the petitioner is not fit for the job. Hence, the Singareni Corporate medical board report with regard to the petitioner’s fitness is nothing but an attempt to exploit the workman, aggrieved by the same and seeking the compassionate appointment to family members of the petitioner, duly recognizing petitioner’s services rendered to the SCCL, the petitioner preferred this writ petition.

4. The limited relief sought for by the petitioner in the present Writ Petition is a direction to the 3^rd respondent to consider the grievance of the petitioner as put-forth vide petitioner’s representation, dated 30.12.2022 seeking reference of petitioner’s case to the Medical board and to medically invalidate petitioner and provide dependent job to petitioner’s son.

5. Learned counsel appearing on behalf of the petitioner submits that the petitioner retired from services on petitioner’s superannuation in September, 2022 and as on the date, when petitioner represented petitioner’s grievance through the representation, dated 30.12.2022 addressed to the 3^rd respondent herein, the petitioner had only seven (07) months of service left and the request of the petitioner however had not been considered till as on date.

6. Learned standing counsel appearing on behalf of the respondents submits that the Writ Petition could be disposed of directing the 3^rd respondent to consider the grievance or request of the petitioner made vide representation, dated 30.12.2022 addressed to the 3^rd respondent herein in accordance to law and pass appropriate orders within a reasonable period.

7. Learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned standing counsel appearing on behalf of the respondents.

8. Taking into consideration:-

a) The aforesaid facts and circumstances of the case.

b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned standing appearing on behalf of the respondents.

c) The contents of the representation of the petitioner, dated 30.12.2022 addressed to the 3^rd respondent.

d) The fact as borne on record that the petitioner’s request for providing dependent job to petitioner’s son made vide said representation of the petitioner, dated 30.12.2022 addressed to the 3^rd respondent was prior to seven (07) months of the petitioner’s retirement in September, 2022 and since, the said representation of the petitioner had not