Gandu Poshamallu v. The Chairman And Managing Director,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.22957 OF 2018 Dated:28.08.2018 Between:

Gandu Poshamallu, S/o. Narsaiah, E.C.No.093997, Aged about 58 years, Occ: General Mazdoor, )C-1, RG III Area, Singareni Collieries Company Limited, R/o.H.No.10-2-174/1, Erlapalle, Kamapur, Karimnagar District .. Petitioner And The Chairman and Managing Director, Singareni Collieries Company Limited, Singareni Bhavan, Red Hills, Hyderabad, and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.22957 OF 2018 ORDER:

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

2.

This Writ Petition is filed praying to grant the following relief: "For the reasons stated in the affidavit filed in support of this writ petition, the petitioner humbly prays that this Hon'ble Court may be pleased to issue a writ, order or direction and more particularly one in the nature of writ of Mandamus declaring that the action of the respondents in not referring the petitioner's case to the 4th respondent for medical examination is illegal, arbitrary and violative of principles of natural justice and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of case and in the interest of justice, otherwise I shall be put to grave hardship."

3.

When the matter is taken up for consideration, learned Standing Counsel for Singareni Collieries Company Limited informs the Court that on 27.07.2017, a list of employees, who need to be subjected to medical examination, were identified and they were informed to appear before the Area Hospital for scrutiny test on 16.08.2017. In the said list, petitioner was shown against Serial No.38, but he did not appear for scrutiny test. 4.

At this stage, learned counsel for the petitioner submits that since petitioner has already made representation on 24.06.2018, a direction be issued to the respondents to consider the same.

5.

Having regard to the same, without expressing any opinion on the merits of the case, the Writ Petition is disposed of directing the General Manager, Singareni Collieries Company Limited, Ramagundem, Area - III, to examine the claim of the petitioner as ventilated in his representation, dated 24.06.2018, and take appropriate decision as warranted by law. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:28.08.2018 KH