Puli Rajam v. The Chairman And Managing Director

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.41016, 41220, 41322, 42820, 43937, 43941, 43964, 43975, 43978, 44895, 45436, 45627, 45637, 47602, 47779, 47850, 48049 OF 2018;

W.P.Nos.245 AND 255 of 2019 Dated:04.02.2020 W.P.No.41016 of 2018 Between:

KVSSBA Rama Reddy, S/o Achi Reddy, Aged 59 years, Occ: Fitter (EMP-Code 4035625), KCHP, Manuguru, Bhadradri Kothagudem District .. Petitioner And The Chairman and Managing Director, Singareni Collieries Company Limited, Singareni Bhavan, Red Hills, Hyderabad And others .. Respondents This Court made the following:

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.41016, 41220, 41322, 42820, 43937, 43941, 43964, 43975, 43978, 44895, 45436, 45627, 45637, 47602, 47779, 47850, 48049 OF 2018;

W.P.Nos.245 AND 255 of 2019 COMMON ORDER:

These writ petitions are filed challenging clause (1) of the Circular No.CRP/PER/IR/C/081/1622, dated 17.10.2011. 2.

The petitioners in these writ petitions did not have two years of minimum service to subject them to medical examination and in view of clause (1) of the said Circular, they were not subjected to medical examination even though, according to learned counsel for the petitioners, the petitioners health condition was not good and were unable to discharge their duties.

3.

This Court granted interim suspension of clause (i) of the Circular, dated 17.10.2011.

4.

While so, Circular No.CRP/PER/IR/C/081/139, dated 21.01.2019, was issued deleting clause (i) of the Circular, dated 17.10.2011. In the said circular, it is also stated that the employees who have completed 58 years of age and who are found to be medically unfit are entitled to the benefit as per their eligibility in accordance with Office Memorandum No.CRP/PER/IR/C/081/1102, dated 17.05.2013. A request has to be made by all those employees to subject them for medical examination.

- 3 - 5.

In view of the subsequent developments, withdrawing clause (i) of the Circular dated 17.10.2011, the prayer sought in the writ petitions is already granted by the respondent - company. 6.

Learned counsel for the petitioners submits that pursuant to the interim orders, all the petitioners were subjected to medical examination and in view thereof, the cause in the writ petitions does not survive for adjudication.

7.

Recording the said submission, the Writ Petitions are dismissed. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ P. NAVEEN RAO, J Date:04.02.2020 KH