Disposed

Bangari Gandhi v. The Chairman and Managine Director and 3 others

Telangana HC2 Jul 2025WP/784/2020

Case brief

AI extract

What is this about?

A sweeper employed by Singareni Collieries challenged his declaration as medically fit, claiming no medical examination was conducted per the Mines Act/Rules and he was denied a medical certificate needed to appeal to the Appellate Medical Board. The court directed him to submit a representation enclosing earlier similar orders; respondent 3 was told to decide it within six weeks.

What did the court decide?

Petitioner directed to file representation within one week seeking Form 'O' certificate; respondent 3 directed to consider it in accordance with law and pass orders within six weeks. Miscellaneous pet

Bangari Gandhi Vs The Chairman and Managine… — Service and Employment | Telangana HC (2025)

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132s21

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO:784 OF 2020

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Between:

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Bangari Gandhi, S/o.Ramaswamy, aged about 59 years, Occ ; Sweeper Night SOH,Health Dept, EC No.0812782,Mine.Area Hospital,RG-l Area, Singaeni Collieries Company Limited, R/o H.No.B-2-352,Lenin Nagar,Godavarikhani Ramagundam Mandal,Karimnagar District.

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...,.PETITIONER

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AND

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1 The Chairman and Managing Directors, Singareni Collieries Company Limited, Singareni Bhavan, Read Hills, Hyderabad.

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2 The Director (PA and W), The Singareni Collieries Company Limited (SCCL), Kothagudem, Kammam District.

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The General Manager (Personnel), Welfare and CSR, The Singareni Collieries Company Limited (SCCL), Welfare Wing, Corporate Personnel Department, Singareni Bhavan, Hyderabad.

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The Corporate Medical Board, Rep. by its Chief Medical Officer, Badradri, Kothagudem District.

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.....RESPONDENTS

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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

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Respondent Company above Circulars and as per Mines Act 1g52 and its Rules 1955 and as per the National Coal Wages Agreement.

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|.A.NO:1 OF 2020

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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.

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|.A.NO:2 OF 2020

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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.

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Counsel for the Petitioner : SRI CH.VENKAT RAMAN

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Counsel for the Respondents : SRI P.SRI HARSHA REDDY (SC FOR SINGARENt COLLTERTES CO.LTD)

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The Court made the following ORDER

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HON'BLE MRS. JUSTICE SUREPALLI NANDA

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WRIT PETITION No.784 OF 2O2O /

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ORDER:

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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.

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2. Th n r tn ra r

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as under:

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"...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..."

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Th ase n n s^per the v e m d tn ffi fi b rt su DOrt of the resentwrit Petit^{ron tsas under:}

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The^{petitioneris working as Sweeper Night SOH in the 1't} Respondent-Com^{pa ny and the petitionerhad beertdiagnosed} withmultiplehealthconditionsandpetitionerreceive:dtreatment from Area^{Hospital and the Main Hospital of the 1't Respondent} was examinetl^{bY the 4th} Company.^{Thereafter,the petitioner} and the 4th^resPondent Respondent-Corporate^{Medical Board} declared that^{the petitioner is medically fit for the samepost on} 18.07.2018.

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It is further^{the case of the petitionerthat the medical} examination^{was not conductedin accordancewil:h the Mines} Act, 1952^{and Mines Rules,1955, and the petitionerwas 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 statJtoryright of} appeal to the^{DirectorGeneral of Mines & Safetv/Aopellate} M ical Bo rd as^{contemplatedunder the Indian Medical}

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SN. J

Council Act, 1956. Aggrieved by the same, the petitioner preferred the present writ petition.

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. 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 / Di rector Gener lofMi es& fetv. 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 action on the appeal to be preferred by the petitioner.

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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

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SN, J

and batch and other^{similar orders relaed upon by the} petitioner cannot be granted to the^{petitionerherein,} since the relevant records^{pertaining to the petitioner} have to be examined^prior to^{issuance of the Form "O"} certificate in favour of the^{petitionerand furthr:r that the} petitioner had not appligd for the same to the^3'd respondent as on date^{and hence, itis open tothe} petitioner to make an application / represental:ion^{to the} 3'd respondent seeking,issuance^{of Form"O" certificate to} the petitioner hereil^{to enablethe petitioner to prefer an} appeal to the Appellate^{Medial Board and the s:rme would} be considered in^{accordanceto law, after due e><amination} of the relevant records^{pertaining to the petitionerherein} and appropriate orders^{would be passedin due course on} the said representation^{to be submittedby the petitioner} to the 3'd respondent^{hereinwithin a reasonablerperiod'}

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6, Learn ed counsel^{aDDeaflnqon behalfof ther petitioner} n al ml b he learned sta nd tn d flII nsel aooeann^(I nbehalf of the res ondents.

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7 Taki no into consideration t-

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SN. J

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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.

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c) The i dqments this cou enlisted b low:-

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i) Order dated 19.1O.2O23 passed in W.p.No.Zg477 ot 2023,

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ii) Order dated 19;11.2024 passed in W.p.Nos.2O15O of 2O19 & batch,and

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iii) Order dated, L6.O7.2(J24 passed in W.p.Nos.4OzS of 2022 & batch

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The w rtt Petition isd tsDosed^(rf d rectin the oetiti ner to submitadet ailed reoresentation the Aopellate Authoritv i-e., Appellate Medicat Board/ Dir ctor n r n fe D nba rkh n te dulv enclosino t e orders dated 19.1 .2O23 oas tn 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 .o7. 4 dinW s.4 2 22 batch , seekino issuance of Form "O" certificate to the

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SN. J

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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 3^td resoondent is^r lirected 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.

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SN. J

Miscellaneous petitions, if any, pending in this Writ

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Petition, shall stand closed.

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SD/- L.LAKSHMI BABU DEPUry REGISTRAR

//TRUE COPYII

SEC FICER iM,

The Chairman and Managing D.irector, Singareni Collieries Company Limited, ^^{9ingareni Bhavan, Read Hils-, Hyderabad.}

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The Director (PA and Wt Ilg Singareni Coltieries Company Limited (SCCL), Kothagudem, Kammam.District.^"

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. Ili,^G-:ll1!_a_rs:l (ferp911"_11, wetfare and csR, rhe sinsareni . 9."pqltTqlt uoltenes Uompany Limited (SCCL), Welfare Winq, Corporate Fersonnel^{Singareni Bhavbn,Hyiierabad.''"'}

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1. The chief Medicar officer, cgJoor6te Medicar Board, Badradri, Kothagudem Diskict.

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5 9n" 99^{to SRtCH.VENKATRAMAN,} Advocate IOPUCI o 9f.99.tq^{SRIp.SRt HARSHA REDDY (SCi'ohtrirbhnEr.rr} coLLtERtEs CO.LTD) Advocate tOpUCl 7 Two CD Copies

PSK M-

HIGH COURT

DATED:0210712025

ORDER

WP.No.784 of 2020

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