THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY W.P. No. 24508 of 2010 27-10-2011 Between: Y.Haribabu …….Petitioenr and The Government of India, rep. by its General Manager, South Central Railway, Secunderabad and others. ………Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY W.P. No. 24508 of 2010 ORDER: (Per: Hon’ble Sri Justice Goda Raghuram) The learned Central Administrative Tribunal, Hyderabad Bench, by the order impugned, dated 11-06-2010, rejected O.A.No.555 of 2010 preferred by the petitioner, in substance, seeking appointment to a Group-III Post of Trainee Artisan, after referring his case, for a third medical examination. 2. The petitioner’s father Sri Y.V.Suryanraayana died while in service. The petitioner was considered for compassionate appointment and was offered the post of Trainee Artisan, a category in Group-III in South Central Railways. 3. The first medical examination of the petitioner produced a report that he is unfit for all categories of employment and specified that the petitioner’s repeated readings of Blood Pressure are high and his condition is one of progressive disorder. The petitioner applied to the respondents for re-medical examination and the petitioner was deputed for such medical examination on 17-08-2007. The unanimous opinion of the medical Board in this examination also was that his repeated ratings of Blood Pressure are high which is a progressive disorder and hence, he is unfit for employment in all categories. Consequently, the Workshop Personal Officer issued proceedings dated 09-02-2008 intimating the petitioner that he is unfit for appointment as Trainee Artisan in category A-II. 4. On this factual matrix, the learned Tribunal was satisfied that the request of the petitioner for yet another medical examination was unworthy of consideration, particularly, since the members of the medical Board, while examining him on the second occasion, unanimously concurred and opined that the petitioner is a hypertensive and even with medication, his Blood Pressure on date is 140/86 mm of Hg. and therefore, he is unfit for employment in any position. 5. Heard the learned counsel for the petitioner as well as the learned standing counsel for the respondents-railways. 6. The petitioner contends that certain private medical practitioners in Vijayawada had tested him and found that his Blood Pressure is normal and these opinion were not entertained by the Tribunal on the ground that since the Railway Medical Board and the Appellate Medical Board concurred, there was no justification for preferring a private medical opinion to the department medical opinion. The same contention as has found disfavour by the Tribunal is reiterated herein. 7. In the facts and circumstances above, no case is made out for interference under Article 226 of the Constitution. We find no infirmity in the application of law for exercising of discretion by the Tribunal. 8. The writ petition is dismissed at the stage of admission. No order as to costs. __________________________ JUSTICE GODA RAGHURAM _________________________________ JUSTICE G.KRISHNA MOHAN REDDY Dated: 27-10-2011 kvr