THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.15882 of 2024

ORDER

Heard Sri T.P. Acharya, learned counsel appearing for the petitioner and Sri P. Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Ltd., appearing for respondents.

2. Learned counsel for the petitioner submits that the Writ Petition is filed to declare the action of respondents in not allowing the petitioner to join and discharge the duties as EP Operator and making him to go around the Hospitals for medical tests though he was declared to be fit to discharge the duties as EP Operator in the respondent Company as illegal.

2(i) Learned counsel for the petitioner further submits that the petitioner’s father was an employee in the respondent Company who died in harness due to snake bite. The petitioner was appointed on compassionate grounds and he joined in service of respondent Company on 28.06.2007. Before petitioner joined duty, he was subjected to all required formalities including medical fitness. After fulfilling all the necessary requirements, petitioner was taken on duty as Badli Filler.

2(ii) Learned counsel for the petitioner further submits that at the time of petitioner joining the duty, Medical examination was done to him. In the Medical examination, his eyesight was within the prescribed standards. In respect of Medical Fitness of any employee in mines, the Appellate Medical Board constituted by the Directorate General of Mines Safety is final and binding on the respondent Company. After appointment as Badli Filler and putting in satisfactory service of 3 years as Badli Filler, petitioner was promoted as an E.P. Operator (Trainee) along with others, vide Office Order, dated 06.12.2010 since he was possessing the heavy driving licence which is mandatory qualification to hold the post of E.P. Operator. The Company's Medical Officers also declared the petitioner as medically fit.

2(iii) Learned counsel for the petitioner further submits that petitioner reported duty on 12.12.2010. Thereafter, again he was promoted as E.P. Operator in Ex. Cat. D with effect from 01.09.2011 along with others vide Officer Order, dated 14.09.2011. Subsequently, the petitioner was promoted along with others as E.P. Operator, Exc. Cat. C with effect from

01.09.2014 vide proceedings, dated 29.04.2015.

2(iv) Learned counsel for the petitioner further submits that it is the general practice of the respondent Company to subject all the employees for medical examination periodically after every five years besides at the time of the appointment/promotion. In a routine course, petitioner was subjected to periodical medical examination in the month of January, 2016 at the Area Hospital, Singareni Collieries, Ramagundam. The Ophthalmologist working under the Deputy Chief Medical Officer and the medical report was issued stating that petitioner’s eyesight was good and within the parameters specified.

2(v) Learned counsel for the petitioner further submits that in spite of good medical report, dated 25.01.2016, the Deputy Chief Medical Officer, Area Hospital, Ramagundam, had maliciously referred petitioner’s case to the Corporate Medical Board, which is under the control of the Chief Medical Officer, Main Hospital, Kothagudem, for further investigations. The Doctor at Corporate Medical Board had referred the petitioner to the Anand Eye Institute, Habsiguda, Hyderabad, for petitioner’s eye check up. The Anand Eye Institute sent its report directly to the respondent Company without furnishing a copy of said report to petitioner stating that petitioner’s eyesight was very poor. The said report was not given to the petitioner either by the Anand Eye Institute or by the Corporate Medical Board, Kothagudem. Thus, he was deprived of seeing his eye report.

2(vi) Learned counsel for the petitioner further submits that the 3rd respondent had issued a letter, dated 19.11.2016 informing the petitioner that the Corporate Medical Board examined the petitioner on 29