Disposed

Mulakala omaraiah (Ec No. 0977312) v. The Singareni Collieries Company Ltd.

Telangana HC10 Jul 2006WP/11553/2006

Case brief

AI extract

What is this about?

In a writ petition challenging refusal to permit duty attendance due to HIV and TB, the court directed the respondents to refer the petitioner to a Medical Board for fitness assessment before deciding the representation expeditiously.

What did the court decide?

Directed respondents to refer petitioner to Medical Board for health examination and decide representation expeditiously.

Mulakala omaraiah (Ec No. 0977312) Vs The Singareni… — Service and Employment | Telangana HC (2006)

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THE HONOURABLE SRI JUSTICE N.V.RAMANA

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Writ Petition No.11553 of 2006

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Dated:1 0 th July, 2006

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Between:

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Mulakala Komaraiah, (EC No.0977312). …..PETITIONER

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AND

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The Singareni Collieries Company Ltd., Rep by its General Manager, Manuguru, Khammam District & 2 others. ….RESPONDENTS

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THE HON’BLE SRI JUSTICE N.V. RAMANA

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W.P. No. 11553 of 2006

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Oral order:

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Aggrieved by the action of the respondents in not permitting the petitioner to attend duty on the ground that he is suffering from HIV and TB, the petitioner filed the present writ petition.

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The petitioners states he is completely cured of TB and, presently he is taking treatment for HIV, and even though HIV is not a communicable disease, the respondents are refusing to permit him to join duty. It is his case that even though he made representation dated 10.05.2006, requesting the respondents to permit him to join duty, no action had been taken thereon till date.

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No counter is filed. However, the learned Standing Counsel appearing on behalf of the respondents submits that since TB is a communicable disease, the respondents are not permitting him to attend duty.

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Inasmuch as the petitioner states that he is fully cured of TB and he is taking treatment for HIV, to ascertain whether or not the petitioner has fully recuperated of TB, which is said to be a communicable disease, I deem it appropriate to dispose of the writ petition with the following directions:

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The respondents are directed to send the petitioner to Medical Board, who shall examine the health condition of the petitioner and submit their report, and based on the report of the Medical Board, the

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respondents shall consider and dispose of the representation dated 10.05.2006, made by the petitioner seeking to permit him to join duty, expeditiously.

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Accordingly, the writ petition is disposed of. No costs.

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_________________ N.V. RAMANA, J.

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Date: 10^th July, 2006.

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Note: Issue CC today. (B/o) GRK/KSR

Mulakala omaraiah (Ec No. 0977312) v. The Singareni Collieries Company Ltd.

Case brief

What is this about?

What did the court decide?

Mulakala omaraiah (Ec No. 0977312) v. The Singareni Collieries Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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