HON’BLE SHRI ANIL R. DAVE, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT APPEAL No. 10 of 2008 Dated: 28-01-2008 Between: The Singareni Collieries Company Limited, Bellampalle, Adilabad District, represented by its General Manager and others …Appellants AND M. Venkat Rao …Respondent JUDGMENT: (Per TGK.J) The sole respondent herein approached this court and filed W.P.No. 18063 of 1998 for issuance of Mandamus by declaring the action of the appellants herein in neither making him unfit in continuing the job from 6.12.1997 as per the opinion of the Cardiologist, Osmania General Hospital, Hyderabad, nor allowing him to continue in the job from 6.12.1997 and paying him wages for the said period, as illegal, unjust and consequently for a direction to the appellants to either declare him unfit to continue in the job from 6.12.1997 or to pay full salary from 6.12.1997 amounting about Rs.80,000/-. The learned Single Judge, after hearing both the counsel, disposed of the said Writ Petition, holding that the respondent herein is entitled for salary from 6.12.1997 to 30.6.1998 and the Management i.e. the appellants herein was directed to settle the same and pay to the respondent herein salary, within a period of two months from the date of receipt of a copy of the order. Questioning the said order dated 27.4.2007, the appellants-Singareni Collieries Limited approached this court and filed the present appeal. It may not be out of place to mention few facts, which are required to dispose of this Appeal. The respondent was working as a Clerk since 5.12.1957 and in 1997, he was working as a Special Grade Clerk at Area Stores, Singareni Collieries Company Limited, Bellampalle, Adilabad District. While so, as he was suffering from cardiac problem, he had undergone CABG surgery at NIMS, Hyderabad and though he was referred to the Superintendent, Area Hospital, the Area Doctor recorded that he was fit to resume to his normal duties. However, as according to him, he was not actually fit and wanted him to refer to the Cardiologist, Osmania General Hospital and upon referring, the Cardiologist declared him unfit. Thereafter, no proceeding by the Area Doctor as to whether he was fit or unfit was issued. Having heard the learned counsel and further taking the fact that the respondent retired from service on 30.6.1998 and as the period for which he is claiming salaries or other benefits are only from 6.12.1997 to 30.6.1998, this court is of the view that it may not be necessary to go in detail as to whether the said aspect of non-payment of the salary is really justified or not. The fact that the respondent worked for the appellant-Management for a considerable period of more than 30 years is not in dispute and the further fact that he is a heart patient also cannot be disputed. In the light of the above two factual aspects, without going into the merits as to whether the respondent is entitled for payment of salary or not, we direct the appellant-Management to pay salary for a period of three months only. This exercise shall be done within a period of six weeks from the date of receipt of a copy of the order. Accordingly, the Writ Appeal is disposed of at the stage of admission. No order as to costs. ANIL R. DAVE, CJ GOPALA KRISHNA TAMADA, J DATE: 28-01-2008 CVM