1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.12777 of 2011 and M.P.(MD)Nos.1,2 and 3 of 2011 M.Murugaiah : Petitioner Vs. Head, Indian Rare Earths Limited, Manavalakurichi, Kanyakumari District. - 629 252 : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the file of the respondent in connection with the impugned order of cancellation passed in MK/HRM.3/2011/7022 dated 01.11.2011 and quash the same as illegal and arbitrary and consequently direct the respondent to appoint the petitioner to the post of Petrologist (A) by giving effect to the selection process conducted in the proceedings in MK/HRM.3/2011/27 dated 22.06.2011 within the time limit. For Petitioners : M/s.K.Gurunathan For Respondent : Mr.M.Sanjay Mohan for Mr.C.Muthusaravanan ORDER The petitioner, M.Murugaiah, has filed the present writ petition seeking for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the respondent in MK/HRM.3/2011/7022 dated 01.11.2011 and quash the same as illegal and arbitrary with consequential direction to the respondent to appoint him to the post of Petrologist (A) by giving effect to the selection process conducted in the proceedings in MK/HRM.3/2011/27 dated 22.06.2011 within the time limit 2. When the matter was taken up, after some arguments, Mr.Sanjay Mohan, the learned Counsel appearing for the respondent fairly submitted that the impugned order challenged in the present petition is not amenable to the writ jurisdiction for the reason that if the petitioner is aggrieved by the impugned order, he should have filed an appeal under Rule 29J of the Mines Rules, 1955, which is given as under: "29J.Appeal for re-examination:-(1) Where as a result of an initial medical examination under Clause (a), or of a periodical medical examination under Clause (b) of Rule 29B, a person has been declared unfit for employment in mines or in a particular category of mines or in any https://hcservices.ecourts.gov.in/hcservices/ 2 specified operations in mine, he may within thirty days of the receipt by him of a copy of the Certificate referred to in sub-rule (2) of Rule 29F, file an appeal with the manager of the mine against the declaration aforesaid, and request for a medical re-examination by an Appellate Medical Board constituted under Rule 29K" Without exhausting the appeal remedy as provided under Rule 29J, it was stated, the petitioner has approached this Court under Article 226 of the Constitution of India. However, he has filed a representation on 06.11.2011 before the respondent, nonetheless, the learned Counsel for the respondent stated that though as per the Rule, an appeal has to be filed by the petitioner, the respondent is prepared to take up the representation made by the petitioner on 06.11.2011 as appeal in terms of Rule 29-J and consequently the respondent is required to constitute an Appellate Medical Board under Rule 29K and the medical certificate to be issued by the Appellate Medical Board will be binding upon the parties. The said suggestion has been accepted by the learned Counsel appearing for the petitioner. However, the learned Counsel appearing for the petitioner sought for a direction to keep one post vacant till the matter is decided by the Appellate Authority. 3. Considering the said submissions made by both sides, this Court directs the respondent to constitute an Appellate Medical Board within a period of eight weeks from the date of receipt of a copy of this order. In the meanwhile, the respondent is also directed to keep one post vacant. However, it is made clear after the result of the Appellate Medical Board, it is left open to the respondent to pass suitable orders. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To Head, Indian Rare Earths Limited, Manavalakurichi, Kanyakumari District. - 629 252. +1cc to Mr.K.Gurunathan, Advocate, Sr.No.41175 Order made in W.P.(MD).No.12777 of 2011 srm SMA/07.12.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/