RANCHI, India, Nov. 6 -- Jharkhand High Court issued the following order on Oct. 6:

1. The instant application has been preferred by the petitioner praying for following reliefs:

"(i) For issuance of appropriate writ (s), order (s), direction (s) specifically a writ in the nature of mandamus, directing and commanding upon the respondent authorities to appropriately consider the case of the petitioner's son for compassionate appointment and on due consideration grant appointment to petitioner's son on account of the fact that the petitioner suffered major accident on 18.10.2015, and thereafter, has been unable to perform his duties with the respondent authorities, in view of the provisions laid down under clause 9.4.0 of NCWA-IX.

(ii) For issuance of appropriate writ (s), order (s), direction (s) specifically a writ in the nature of mandamus, directing and commanding upon the respondent authorities to conduct a fresh Medical Board to test the fitness of the petitioner to render his services with the respondent authorities, immediately after his accident by an independent Medical Board comprising of specialist in the field, and further to declare the test result of the Company's Medical Board, the one declaring the petitioner as to be fit to perform his duties, as inapplicable, placing reliance upon different medical certificates and medical prescriptions, prescribed to him by different Medical Authorities and Medical Institutions like Gandhi Nagar Hospital of M/s. Central Coalfields Limited and Christian Medical College of Vellore."

2. The grievance of the petitioner is that the petitioner met with an accident on 18.10.2015 and thereafter, on 10.11.2015, he applied for compassionate appointment of his son as he was not physically fit. Thereafter, a Medical Board was constituted which vide its report dated 23.07.2016 refused the case of the petitioner by stating that petitioner is physically fit. Thereafter, on 11.08.2016 even the Appellate Medical Board did not interfere with the decision of the Original Medical Board treating the petitioner to be fit.

3. Learned counsel for the petitioner submits that there is a specific provision under Clause-9.4.0 of NCWA-IX that in case of an employee who becomes medically unfit and is unable to discharge his duties, then his son or any of the legal heirs which comes under the Scheme, shall get a compassionate appointment.

4. Learned counsel contended that the Medical Board was not consisting of specialists Doctors. He further submits that though petitioner was having an injury on spinal cord which certainly comes under the arena of an "Orthopedician" but the Medical Board was consisting of standard General Physicians and no specialist was there and as such, the decision of the Medical Board itself is non est in the eyes of law and the same should be quashed and set aside and since Medical Board report itself has been given by Doctors who have no expertise; as such, after quashing the Medical Board report and Appellate Medical Board report, the legal heir of the petitioner may be given employment under the provisions of Clause-9.4.0 of NCWA-IX.

5. Learned counsel for the petitioner draws attention of the Court towards para-20 of the writ application and submits that this specific statement has not been controverted by the respondents. For brevity, the same reads as follows:

"20. .................... the action of the respondent authorities is highly arbitrary and illegal in view of the fact that the respondent authorities have not taken any reference from their expert body of the doctors in Gandhi Nagar Hospital of M/s. CCL, at Darbhanga House, Ranchi, rather the matter was referred in usual course to the Medical Board and Appellate Medical Board, constituting of the doctors of the standard of general physician, and no specialist, thereby seriously prejudicing the case of the petitioner."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrC2bMJURMnYucA4XYuW43MpcmiUr3ky4GqKSZU%2FmFljG&caseno=WPC/939/2018&cCode=1&cino=JHHC010061022018&state_code=7&appFlag=)

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