High Court · 2025

Judgment

1. 2 2 lle ptale o.f Telangana, Rep. by its Principat Secretary, Municipal Administration and Urban Development Department, dr. B.R. Ambedkar Telangana Secretariat, Hyderabad. The District Collector and Nodal Authority, Jagtial, Jagtial District. The Jagtial Municipality, Jagtial, Rep. by its Commissioner ...PETITIONER ...RESPONDENTS

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 writ. order or Direction more particularly one in the nature of writ of.Mandamus declaring the impugned order issued in Proc. No.A2t91gt2o24 dt.27 - 11-2024 by the fnd respondent in rejecting the claim of the petitioner for retirement on medical invalidation grounds without assigning any reasons and contrary to the G.O. Ms No.661, General Administration (SER.G) Department dt.23-10-2008 as illegal, improper, unjust, unreasonable and against the violation of principles of natural justice and set aside the impugned rejection order issued by the 2nd respondent in Proc.No.A2l91912O24 dt.2l-11-2024 and consequenfly direct the respondents forthwith to allow the petitioner to retire from service on medical invalidation grounds by duly accepting the invalidation certificate issued by the District Medical Board, Government General Hospital, Jagtial dt.22-O4-2O24 with all consequential benefits lA NO: 't OF 2025 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents forthwith to allow the petitioner to retire from servrce on medical invalidation grounds bv . District Medicat Boarj. *'L::c:lt'ln^the invalidation.cerrificare issued by rhe pendins Ji'p".,rffi;;rffJiilii'oTl,fi"'""r Hospitar, J;;i;i" ii."ri6ol-loro, Counsel for the petitioner: SRl. D BHASKAR REDDY Counsel forthe Respondent Nos.1&2: Gp FOR SERVICES I Counset for the Respondent No.3: SRI RAMESH CHILLA SC FOR MC The Court made the following: ORDER ,il THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRI T PETITION No.4945 oF 2025 ORDER: Heard Sri D. Bhaskar Reddy, learned counsel For the petitioner, learned Government Pleader for Services-I for respondent Nos.1 and 2 and .Srl Ramesh Chilla, learned Standing Counsel for respondent No.3. Perused the record.

2. The present Writ Petition is filed challenging the impugned order vide Proc. No.A2l919/2024, dated 27-tt-2024 issued by the 2nd respondent in rejecting the claim of the petitioner for retirement on medical invalidation grounds.

3. Learned counsel for the petitioner submits that the petitioner was appointed as a Public Health Worker (Electrician) on

07.04.7990 and since then the petitioner has been working in the office of the 3'd respondent for the past 33 years and in view of his suffering with."paralysis" disease, he addressed a letter to the 3'd respondent on 26.O2.2024 requesting him to permit the petitioner to retire from service on medical invalidation grounds and also refer his case to the Medical Board and on his request, the 3'd respondent addressed a letter to the Superintendent and Chairman, District Medical Board, Government General Hospital, Jagtial, vide his Lr.No.C1l316/MC}/2O24 dt.14.03.2024 and referred the petitioner with a direction to attend before the District Medical t1 2 Board for medical examination and certification of his health and to issue releva nt certificate. 3(i) Learned counsel for the petitioner further submits that the petitioner appeared before District Medical Board, Government General Hospital, lagtial, and he was examined and a medical examination certificate had been issued to the petitioner on

22.04.2024 stating that he had been completely and permanently incapacitated for further services in the Department to which he belongs in consequence of "Right Side Hemiparesis (Ischemic Stroke due to left median pontine infarct) with Dysa.rthria, T2DM/Systenic HTN" and due to the above disease the petitioner cannot perform his duties and the said certificate is issued as per the GO Ms No.661, dt.23.10.2008 as mentioned in para Sl.No.16 (i) (S) 1(ii). The said medical examination certificate had been forwarded by Chairman, District Medical Board, Jagtial, to the 3'd respondent by his letter in Rc.No.213lMI/GGH-IGL/2024, dated

22.04.2024 for taking further necessary action. 3(ii) Learned counsel for the petitioner further submits that on 31.08.2024, the 2nd respondent had issued a notice to the petitioner to appear before the District Level Committee on

05.09.2024 at 3.00 PM for his examination by the District Level Committee along with necessary reports and as per the directions, the petitioner appeared before the District Level Committee on that / date and the 2nd respondent, after examining the proposals submitted in favour of the petitioner, has rejected the same without 3 assigning any valid reasons. Accordingly, prayed to allow the Writ Petition.

4. In the earlier occasion, when the matter was taken up for hearing, learned counsel for respondent No.2 sought time for getting instructions. Today, the learned counsel for respondent No.2 submitted instructions stating that the Appointing Authority on receipt of application from the Government employee For retirement on medical invalidation, shall refer the case to the Medical Board. The Medical Board at district level, where there are Teaching Hospital, other than Ranga Reddy and Hyderabad urban districts, the medical team (Medical Board) consist of Superintendent of Government General Hospital and two Doctors of cadre of Civil Surgeon, nominated by the Superintendent of Government General Hospital, among them one should be a Specialist in the disease/illness with which the Employee is suffering and seeking medical Invalidation and in case of Lady employee seeking a medical invalidation, of the Two Civil Surgeons, one should be a Lady Civil Surgeon. As and when the Government Employee seeks and applies for retirement on medical grounds, the concerned appointing authority shall refer the case to the team of doctors (Medical board) mentioned above. 4(i) Learned counsel for respondent No.2 further submits ..j 4 that the Respondent No.2 in pursuance of above orders and after perusing the service particulars of the petitioner, fixed the sitting of District Level Committee on 05.08.2024 in his office, for examining the petitioner in person and also for scrutinizing his Health reports, and accordingly informed the Municipal Commissioner, Jagtial, vide Letter No A2/919/2024, Date 31.08.2024 to inform the petitioner to be present before the Committee. The District Level Committee consisting of District Medical & Health officer, Jagtial, and Municipal Commissioner, Jagtial, as per the scheduled date, attended the office of Respondent No.2 and the committee after examining the petitioner in person and his health condition, has rejected the case of the petitioner for retirement on Medical Invalidation as the committee has opined that, the individual does not appear to be suffering with Right Side hemiparesis (Ischemic stroke due to Left Median Pontine Infarct) with dysarthria, T2DMlSystemic HTN i.e., Paralysis (One side upper and lower limb) and issued endorsement order vide office Proc. No.A2/919/2024, dated 27.11.2024. Accordingly, prayed to dismiss the Writ Petition.

5. The petitioner submitted his representation, dated 26.02.2024 to the 3'd respondent stating that he is suffering from Paralysis and permit him to retire from service on medical invalidation grounds and also refer his case to the Medical Board. As per the direction of 5 the 3'd respondent, the petitioner appeared before District Medical Board, Government General Hospital, Jagtial, and he was examined and a medical examination certificate had been issued to the petitioner on 22.04.2024. The contents of the Medical Examination Certificate are as under: "The members of District Medical Board, lagtial have carefully examined Sri. D. Srinivas, Public Health Worker working in the office of the lagtial Municipality, lagtial District. His Date of Eirth according his service register is 01.01.1970 (54 years 2 months 19 days) and by appearance is about 54 years. We considered and examined Sri. D. Srinivas, Public Health Worker have completely and permanently incapacitated for further services in the department to which he belongs in consequence of "Right side hemiparesis (Ischemic stroke due to Left Median Pontine Infarct) with dysarthria, T2DM/Systemic HTN". Due to above disease he cannot perform his duties. The above certificate is issued as per the G.O.M9. No.661, dated 23.10.2008 as mentioned in para Sl.No.16 (i) (il 1(ii)." It is not in dispute that the 3'd respondent addressed a letter

6. to the Superintendent and Chairman,. District Medical Board, Government General Hospital, Jagtial, vide Lr.No.CU316/MO/2024, dated 14.03.2024 and referred the petitioner with a direction to attend before the District Medical Board for medical examination and certification of his health and to issue relevant certificate. As per his direction only, the petitioner went to the District Medical Board for medical examination and obtained the said Medical Examination Certificate. The said certificate was issued by three members of the District Medical I ) 6 Board, who are Head of the department of Neurology, professor & Head of the department of General Medicine and professor of Orthoped ics respectively.

7. Later, after obtaining the said certificate, the petitioner was called by the District Level committee consisting of District Medical & Health officer, lagtial, and Municlpal Commissioner, lagtial, and the committee after examining the petitioner in person and his health condition. has rejected the case of the petitioner for retirement on Medicar Invalidation as the committee. has opined that, the individual does not appear to be suffering with Right Side hemiparesis (Ischemic stroke due to Left Median pontine Infarct) with dysarthria, T2DMlsystemic HTN i.e., paralysis (One side upper and lower limb) and issued endorsement order vide office proc. No. A2/ 9 19 / 2024, dated 27 . 1. t.2OZ4. B. As per the medical certificate, the petitioner is suffering from Right Side hemiparesis (Ischemic stroke due to Left Median pontine Infarct) with dysarthria, T2DM/Systemic HTN i.e., paralysis (One side upper and lower limb). Ischemic Stroke occurs when a blood clot or other debris block blood Flow to the brain, which causes permanent brain damage and resurts in death. If the petitioner is continued in his duty, such stroke may occur at any time. So, when the doctors say that the petitioner is suffering from Ischemic stroke due to Left Median pontine Infarct, why the respondents have 7 l rejected the request of the petitioner for retirement under Medical Invalidation. Moreover, as per G.O.Ms.No.661 dated 23.10.2008, as mentioned in para Sl.No.16(i)(g)1(ii) i.e. paralysis (ii) One side upper limb and lower limb, is one of the diseases for which medical invalidation shall be allowed. The respondents in the rejection order simply stated that the proposals submitted in favour of the petitioner, were examined and are hereby rejected. The authorities without any information with regard to the disease, which the petitioner is suffering, rejected the request of the petiiloner in a mechanical manner.

9. In view of the foregoing discussion, this Court is of the considered view that it is a fit case to be allowed. 10. Accordingly, the Writ petition is allowed by setting aside the impugned order vide proc. No.A2l9t9/2024, dated 27-Lt-2024 issued by the 2nd respondent and the respondents are directed to permit the petitioner to retire from serVice forthwith on medical invalidation grounds. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. To, //rRUE copy// * DEPf##dsffiT *4 ,'.t, sEcTtoN oFFICER / 1' The Principar-secretary, Municipar Administration and urban Deverooment Depa rtmen t, Dr. B. R. Am ueo rii iera ns; ;;$;;"G itt,, iolir'olll ",,'"',. 2. The District Collector and Nodal Authority, Jagtial, Jagtial District. 3. The Jagtial Municipality, Jagtial, Rep. by its Commissioner 4. One CC to SRt. D BHASKAR REDDy Advocate [OpUC] 5. OneCCtoSRtRAMESHCH|LLASCFORMCtOpUCI __-ca,v\-A--. I /

6.TwoCCstoGPFoRSERV|CESl'HighCourtfortheStateofTelangana

7. Two CD CoPies / KKS f'd\ GMN HIGH COURT I \ DATED:1810312025 \ \ e o o 1 t-l AI€ 2 0 JUt'l 206 (1\ :' -.'4' * c, e :J F..1r C u ORDER WP.No.4945 of 2025 ALLOWING THE WRIT PETITION WITHOUT COSTS M.q ,a\<\'f