!^^^®%^^ ^i^^SSSifefe1'-^ '•"^ ^ ^^s^^SS^ ;:\'sri?^^^^^^^ ftj:',' '::^ IN THE HON'BLE HIGH COURT OF JUDICATURE. GHHAmSTGARIt at BILASPUR. WRIT PETITIONNO3'235 /2006. 3 PETITIONER r^4^ ^5is€^> ^•""^^..- ...-•'" ^-?J\AO- .\';^- of •a^"'' > RESPONDENTS : / M.VENKATA RAJU S/o Late Shri.M.V.Brahmmananda Rao, Aged around 58 years, Ex-Master Operative-Cum-Techniciaii, OHP Section ofBhilai Steel Plant, BHILAI, District: Durg (CG). Residing at: Qr. No. 2- A, HSCL Quarters, Ruwabandha Sector, BmLAl - 490001 Tehsil and District: Durg ( CG). VERSUS ^ 1. STEEL AUTHOMTY OF INDLA LTD., Through: The Chainnan, Steel Authority oflndia Limited, Ispat Bhawan, Lodhi Road, NEW DELm -110011. / 2. BHILAI STEEL PLANT, Through : The Managing Director, Bhilai Steel Plant, Ispat Bhawan, BHILAI - 490001 District: Durg (CG). ^ 3. THE DISABILITY MEDICAL BOARD, Through : Its Chairman & DirectorI/c(M&HS) Bhilai Steel Plant, J.L.N. Hospital & Research Centre, Sector-9 BHILAI - 490009 District: Durg (CG). WRIT PETITION UNDER ARTICLE 226 OF THE CQNSTITUTION OFINDIA FORTHE ISSUANCE OF APPROPRIATE ORDER AND DIRECTIONS IN THE NATU^E^FCERTIORARY, MANDAMUS ETC. ^^ Rd ^< I^. y-l n u Soma Mr. B.P. Rao, counsel for the petitioner. Heard on sdmission. The grievance raised by the petitioner in this writ petition under Articie 226 of the Constitution of India 'ss that he was working in Bhilai Steel Plant on the post of Master Operative-cum-Technician. He was appointed on 21-6-1971. However, vide order doted 23-11-2000, the services of the petitioner were tepm.inated on 1+ie ground that he is madically unfit. Before that, on the same day, the petitioner moved an application Annexure P-3 stating therein that he has not been found unfit for future employment and he is unfit for the present job only, therefore, he is entitled for rehabiiitation i.e. for any dternative job in Bhilai Steel Plant on the same pay scale o" grade. Learned counsel for fhe petitioner' submits that the representeition of the petitioner has not been decided by the respondents and as per clause 7.17.3 (v) Memorandum of Agreement on Wages reached between Bhila! Stee! Plant & Steel Workers Union on June 17, 1983, the petitioner is entitled for rehabititation. He further submits that therefore, the respondents be directed to consider the case of the petitioner occording to the above scheme for r'ehabilitation and decide the application of the petitioner dated 23-11-2000 (Annexure P-3). Having heard iesrned counsel for the petitioner and having perused the Memorandum of Agreement on Wages reached between Bhilai Steel Plant <& Steel Workers Union on June 17, 1983, without expr-essing any opinion merit, the request made by iearned counsel for the petitioner is Just, fair and reasonabla. Therefore, respondent No.2 is directed to consider the case of the petitioner in accordance with the poiicy, guidelines and sgreement, and decide the oppiication of the petitioner dated 23-11-2000 (Annexure P-3), on its own merit, according to the policy and practice within a period of three months from the date of receipt of a copy of this order. With the direction oforesaid, the petition stands disposed of. Consequently, I.A.No.6375/2006 aiso stands disposed of. Pcrties are entitled for certified copy of this order. I L.C.Bhadoo 1 Judge