IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 6827 of 1999 Between: E.C.Vergese S/o.C.E.Verghese Southern Region Bandlaguda, Hyderabad ..... PETITIONER AND 1 The Union of India rep.by its Secretary Ministry of Home Affairs Department of Personnel & Administration Government of India Sastri Bhavan, New Delhi 2 The Union of India rep.by its Secretary Ministry of Mines Government of India Sastri Bhavan, New Delhi 3 The Deputy Director General Southern Region Geological Survey of India Bandlaguda, Hyderabad-963 4 The Central Administrative Tribunal Hyderabad Bench, HACA Bhavan Opp:Public Gardens Hyderabad rep.by its Registrar .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ of certirorari setting aside the order Dt.1/2/1999 of the Central Administrative Tribunal Hyderabad Passed in OA.No.1557/1998 and consequently allow the OA.No.1557/1998 as prayed therein and pass such other order. Counsel for the Petitioner:MR.T.P.ACHARYA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD Writ Petition No.6827 of 1999 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking to challenge the order dated 01-02-1999 passed in O.A.No.1557 of 1998 on the file of Central Administrative Tribunal, Hyderabad. 2. The petitioner filed the above O.A. seeking direction to oﬃcial respondents to consider his case for promotion as Assistant in the post reserved for Orthopaedically Handicapped on the basis of the Medical Certiﬁcate issued by the Nizam Institute of Orthopaedics and Specialities, Hyderabad, on 17-2- 1981. The Tribunal in O.A.No.302 of 1994 by its order dated 20- 06-1997 directed the respondents therein to decide whether an employee suﬀering the physical disability after joining the service, can be conferred with the beneﬁts as if he is a physically handicapped candidate. The Tribunal after considering the rival contentions, held that the petitioner should get himself examined by the Rehabilitation Oﬃcer, Vocational Rehabilitation Centre for Handicapped, Hyderabad, and thereafter, his case may be considered on the basis of the certificate, and further promotion in the quota be considered in accordance with Rules. 3. Heard learned counsel for the petitioner and learned standing counsel appearing for contesting respondents and perused the material available on record. 4. Learned counsel for the petitioner contended that the petitioner had obtained certiﬁcate from Nizam Institute of Orthopaedics and Specialities stating the nature of disability and it is suﬃcient to enlist him in the category of ‘physically handicapped’. On the other hand, learned standing counsel appearing for contesting respondents contended that the petitioner has not appeared before the Rehabilitation Oﬃcer for examination and instead, he had approached this Court by way of this writ petition and the relevant Rule mandates the production of certificate issued by the said Officer. 5. We have considered the rival submissions made on either side. Admittedly, the petitioner has not appeared before the Rehabilitation Oﬃcer, Vocational Rehabilitation Centre for Handicapped, Hyderabad, pursuant to the letter dated 30-12-1997 issued by the oﬃcial respondents, as directed by the Tribunal. In fact, the petitioner did not get himself examined by the Rehabilitation Oﬃcer. Instead, he is relying upon the certiﬁcate issued by Nizam Institute of Orthopaedics and Specialities, Hyderabad, on 17-2-1981 stating that the deformity is 40%. When the Tribunal had directed the petitioner to appear before the said Rehabilitation Oﬃcer, he failed to do so, and no reason for non-appearance is forthcoming in this regard. Learned standing counsel also stated that it is mandatory to obtain certiﬁcate from the said Rehabilitation Oﬃcer so as to enlist an employee in the physically handicapped category. It is not known as to why the petitioner is not willing to appear before the Rehabilitation Oﬃcer for examination and thereafter produce the certiﬁcate stating his disability. In the circumstances, we are of the considered view that the impugned order does not call for interference in exercise of the powers of judicial review under Article 226 of the Constitution of India. 6. Accordingly, the writ petition is dismissed. No order as to costs. ___________________________ GHULAM MOHAMMED, J. ________________________ G.BHAVANI PRASAD, J. 16-09-2008 bsc