Seetha Raja Komaraiah v. The Chairman And Managing Director,

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.42369 of 2016 ORDER :

Heard the counsel for petitioner; Sri J. Sreenivas Rao, counsel for respondent nos.1 to 3, and Ms.Anjali Agarwal, counsel for 4th respondent.

2.

The counsel on both sides state that the issue raised in this Writ Petition is covered by the order dt.22.06.2016 in WP.No.38451 of 2015 and batch.

3.

Therefore, this Writ Petition is also disposed of with the following directions :

"1.

The company shall issue notices to all the petitioners who have not retired as on today and in respect of whom medical certificates were issued earlier and the petitioners in the above batch of cases have to undergo re-examination of their medical condition as on the date of examination by the committee appointed by this Court. 2.

The petitioners who receive such notices from the company shall invariably appear before the medical board at the time specified and undergo medical examination without any demur and their failure, if any, would be constructed as their disinclination and the medical certificates issued earlier by the medical board constituted by the company shall remain valid.

3.

If the medical board constituted by this Court on reexamination holds any persons found to be unfit, the declaration shall relate to the date of the medical certificates issued by the medical board constituted by the company earlier and the age of the persons who have been declared fit or unfit shall be reckoned from the date of

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medical certificates issued by the board of the company and their rights and liabilities shall be regulated accordingly. 4.

This Court accordingly requests the District Medical and Health Officer, Khammam to depute one Government Medical Practitioner to head the Committee of Doctors for examination of the petitioners as aforesaid. The DMHO, Khammam shall inform the name of the doctor to the company within 15 days from the date of receipt of this order. The company shall constitute the committee of doctors with the doctor recommended by the DMHO, Khammam as the head of the committee and consisting of the Company Doctors, viz., Dr. B. Sashidhar Reddy of Ramagundam and Dr.B.Madhu Kumar of Bellampally. It is needless to observe that the said Committee of Doctors would discharge their duty in an objective manner without being influenced by any external influences as allegations are leveled by both sides across the bar that the litigation is initiated and continued for oblique purposes."

4.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 06-12-2016 Ndr/*