K.Mallikarjuna Swamy (Ec No.2207496), v. The Singareni Collieries Company Limited,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.8490 OF 2017 Dated:13.03.2017 Between:

K. Mallikarjuna Swamy (EC.No.2207496), S/o. K. Pochaiah, aged about 58 years, Working as General Mazdoor at SRP OC, Singareni Collieries Company Limited, Srirampur, Mancherial District .. Petitioner And The Singareni Collieries Company Limited, Rep., by its Chairman & Managing Director, Bhadradri Kothagudem District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.8490 OF 2017 ORDER:

Petitioner was appointed as Electrician in the respondent - Company. He was declared unfit to do underground job and fit to do surface job. Accordingly, by proceedings, dated 03.02.2014, he was appointed as General Mazdoor (Surface) in Category-I. Aggrieved by the said decision of the respondent Company, the petitioner requested the matter to be referred to Corporate Medical Board. According to the petitioner, the Corporate Medical Board examined him and declared him as fit to perform the duties of Electrician. Placing reliance on the decision of the Corporate Medical Board, dated 28.04.2016, petitioner submitted representation, dated 20.05.2016, requesting the respondent - Company to modify the earlier order and to grant him appropriate benefits in terms of the decision of the Corporate Medical Board. Aggrieved by the inaction on the said representation and continuing him only as General Mazdoor (Surface), the petitioner filed this Writ Petition.

2.

When the matter is taken up for consideration, learned counsel for the petitioner submitted that since grievance is ventilated in his representation, dated 20.05.2016, which is yet to be acted upon, the petitioner would be satisfied if a direction is issued to pass orders on the said representation within a fixed time frame.

3.

Having regard to the said submission and without expressing any opinion on the merits of the case, the Writ Petition is disposed of directing the General Manager (Personnel), IR & PM, Singareni Collieries Company Limited, Bhadradri Kothagudem District, the 3rd respondent, to examine the claim of the petitioner as ventilated in his representation, dated 20.05.2016, and pass appropriate orders as warranted by law by assigning due reasons in support of his decision, within a period of six weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:13.03.2017 KH