H. Narayana, v. The Singareni Collieries Company Ltd., Rep. By Its

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 30522 OF 2015 DATED 18th September, 2015 BETWEEN H.Narayana

...Petitioner

And The Singareni Collieries Company Limited, Rep. by its General manager (Admn)/IR &PM, Kothagudem, Khammam district and ors.

...Respondents.

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 30522 of 2015 ORDER:

Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents-Singareni Collieries Company Limited.

It is agreed to by the learned Counsel for the petitioner as well as learned Standing Counsel for the respondents that the issue raised in this Writ Petition is squarely covered by the decision of this Court rendered in Writ Petition No. 25681 of 2015, dated 17.08.2015, wherein it was held as follows.

"............. the Singareni Collieries Company Limited would necessarily have to subject the petitioner to a full physical examination afresh before deciding as to whether he is fit for his original job. Without doing so, mere declaration to that effect on the basis of the earlier examination cannot be sustained. The impugned proceedings dated 22.04.2015 are accordingly set aside insofar as they pertain to the petitioner. The Singareni Collieries Company Limited shall have the petitioner examined physically by its Corporate Medical Board afresh and

thereafter take appropriate action in the matter in accordance with rules."

Following the aforesaid decision of this Court and for the reasons stated therein, this Writ Petition is disposed of in terms thereof.

Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

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