High Court · 2025

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue to a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in declaring Petitioner is medically fit for service in the Respondent Company is illegal and arbitrary and against the Circulars vide Ref. No.CRP/PER/IRPM/C/081/1218, dated 0710412015, CRP/PER/lR/C/081/305, and CRP/PER/lR/C/081/306 dated 0910312018 and also against the Mines Act 1952 and its Rules 1955 and consequently direct the Respondents to conduct medical examination as per the Respondent Company above Circulars and as per Mines Act 1g52 and its Rules 1955 and as per the National Coal Wages Agreement. |.A.NO:1 OF 2020 Petition Under Section 151 CPC praying that in the circunrstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th Respondent to conduct medical examination on the health condition of the Petitioner as per the Mines Act 1955 Rule No.29F(1 ) and 29L pending disposal of the above writ petition. |.A.NO:2 OF 2020 Petition Under Section '151 CPC praying that in the circunrstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Registry of this Honorable Court to post the W.P. No. l'84 of 2020 in the caption of covered matter before the appropriate Honorable Court. Counsel for the Petitioner : SRI CH.VENKAT RAMAN Counsel for the Respondents : SRI P.SRI HARSHA REDDY (SC FOR SINGARENt COLLTERTES CO.LTD) The Court made the following ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.784 OF 2O2O / ORDER: Heard Sri Ch.Venkat Raman, learned counse! appearing on behalf of the petitioner and Sri P.Sri Harsha Reddy, learned standing counsel appearing on behalf of the respondents.

2. Th as under: n r r "...to issue to a wrlt, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in declaring Petitioner is medically fit for service in the Respondent Company is illegal and arbitrary and against the Circulars vide Ref No.CRP/PER/IRPM/C/0Bl/r2LB dated 07.O4.2Or5 CRP/PER/IR/C/o81/30s and CRP/PER/IR/C/oBL/306 dated 09.03.2018 and also against the Mines Act, 1952, and its Rules, 1955, and consequently direct the Respondents to conduct medical examination as per the Respondent Company above Circulars and as per Mines Act, 1952, and its Rules, 1955, and as per the National Coal Wages Agreement and pass..." Z Th n n e m d v su DOrt of the resentwrit Petitron ts as under: b a SN, J s per the The petitioner is working as Sweeper Night SOH in the 1't Respondent-Com pa ny and the petitioner had beert diagnosed withmultiplehealthconditionsandpetitionerreceive:dtreatment from Area Hospital and the Main Hospital of the 1't Respondent was examinetl bY the 4th Company. Thereafter, the petitioner Respondent-Corporate Medical Board declared that the petitioner is medically fit for the same post on and the 4th resPondent

18.07.2018. It is further the case of the petitioner that the medical examination was not conducted in accordance wil:h 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 tnai tne petitioner is medically fit for the jrb by the 4th respondent, thereby denying ti-re petitioner his statJtory right of appeal to the Director General of Mines & Safetv/Aopellate M ical Bo rd as contemplated under the Indian Medical A -.' ) SN. J 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.294l7 ol 2O23, and the orders dated 19.11.2024 passed in W.p.Nos.2O15O of 2019 & batch and the orders dated, L6.OZ.2OZ4 passed in W.P.Nos.4O2S ol 2Op & 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 Medi cal Boa es& lofMi Dhanbad, Jharkhand State and also to enable the petitioner to submit all the medica! records of the petitioner to Appellate Medical Board for taking necessary / Di rector Gener fetv. action on the appeal to be preferred by the petitioner.

5. Learned standing counset appearing on behalf of the respondents submits that the relief as granted by this Court dated, L6.O7.2O24 passed in W.p.Nos.4O2S of 20.22 ) ,] \ 4 SN, J and batch and other similar orders relaed 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 furthr:r that the petitioner had not appligd for the same to the 3'd respondent as on date and hence, it is open to the petitioner to make an application / represental:ion to the 3'd respondent seeking,issuance of Form "O" certificate to the petitioner hereil to enable the petitioner to prefer an appeal to the Appellate Medial Board and the s:rme would be considered in accordance to law, after due e><amination of the relevant records pertaining to the petitioner herein and appropriate orders would be passed in due course on the said representation to be submitted by the petitioner to the 3'd respondent herein within a reasonabler period' 6, Learn ed counsel aDDeaflnq on behalf of the r petitioner he learned b n sta nd tn d flII nsel aooeann (I nbehalf of the res ondents. 7 Taki no into consideration t- 5 SN. J a) The aforesaad facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned standing counsel appearing on behalf of the respondents. c) The i dqments this cou enlisted b low:- i) Order dated 19.1O.2O23 passed in W.p.No.Zg477 ot 2023, ii) Order dated 19;11.2024 passed in W.p.Nos.2O15O of 2O19 & batch,and iii) Order dated, L6.O7.2(J24 passed in W.p.Nos.4OzS of 2022 & batch The w rtt Petition i tsDosed (rf d rectin oetiti ner to submitadet ailed reoresentation Aopellate Authoritv i-e., Appellate Medicat Board/ Dir ctor n r dulv enclosino t e orders dated 19.1 .2O23 oas rkh n D n W.P.No.29477 of 2O23. and the orders dated 19.1 .2024 Dassed in W.P.Nos.2O15O of 2O19 & ba h and the orders dinW 2 22 .o7. s.4 4 batch , seekino issuance of Form "O" certificate to the 6 SN. J oetitioner herein to e able the oetitioner to prefer an Aooeal to Appellate Medical Board, and upon the Detitioner makinq the said aoolication/reor'esentation within a period of one (01) week from the datr: of receiot of coov of the order, th e 3td resoondent is rlirected to consider the same, in accordance to law, dulv takinq into consideration the view and observations of this Court in the iudqments, dated 1 .1O.2023 oassed in W.tr.No.29477 ot 2O23. and the iudo ent dated L9.LL.2O24 oassed in w.P.Nos.2O15O of 2019 & batch and the iudornent dated, !6.07.2c'24 Dassed in tlit.P.ttos.4O25 of 2()22 & batch dulv examlnrnq he aoollcabilitv of the said Judomt:nts to the facts of the Dresent case and dulv examrnrno t records pertainino to the petitioner and pass arDDroDriate orders on the said aoplication/ reoresentatio n within a period of six (O6) weeks from the date of receiot of coov of the order and dulv communica'te the decis ion to the petitaoner. pertainanq to the reouest of the pet:itioner for issuance of "O" certificate so as to nable the o n r orefer a n Aooeal to Aooellate M ical Board. However. there shall be no order as to costs. :, .t ',::i;ixaj*:.;+ ,',,1;r T I 7 SN. J Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. SD/- L.LAKSHMI BABU DEPUry REGISTRAR \ To //TRUE COPYII iM, SEC FICER 1. The Chairman and Managing D.irector, Singareni Collieries Company Limited, ^ 9ingareni Bhavan, Read Hils-, Hyderabad. 2. The Director (PA and Wt Ilg Singareni Coltieries Company Limited (SCCL), Kothagudem, Kammam.District. " . Ili,^G-:ll1!_a_rs:l (ferp911"_11, wetfare and csR, rhe sinsareni uoltenes Uompany Limited (SCCL), Welfare Winq, Corporate Fersonnel . 9."pqltTqlt Singareni Bhavbn, Hyiierabad. 4. The chief Medicar officer, cgJoor6te Medicar Board, Badradri, Kothagudem 5 o Diskict. 9n" 99 to SRt CH.VENKAT RAMAN, Advocate IOPUCI 9f.99.tq SRI p.SRt HARSHA REDDY (SCi'ohtrirbhnEr.rr coLLtERtEs CO.LTD) Advocate tOpUCl Two CD Copies '' "' 7 SA PSK M- HIGH COURT DATED:0210712025 ORDER WP.No.784 of 2020 q o .t t'j (.( 4 ,$ 9 * ") ,qt!,u * i -=;2t' DISPOSING OF THE W.P WITHOUT COSTS. fl\ \\ t ,l\