Smt. Rachna Kushwaha vs State of M.P. & Others

In this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for following relief as under: (i) A writ order or direction in the nature of mandamus thereby directing the respondents to hold the medical board in respect of the father of the petitioner to ascertain his condition before 29.02.2016, i.e., the date of retirement and thereafter, grant all the benefits to the family which they are entitled to receive under Clause 9.4.0 of NCWA or any other beneficial rule of the company.

(ii) Any other appropriate writ, order or direction which the Hon''ble Court may deem just and proper in the nature and circumstances of the case.

Mr. Ghildiyal, learned counsel for the petitioner submits that petitioner''s father was an employee of respondent No.1/Company. He was not in a fit medical state. The petitioner''s father took treatment from various hospitals including Apollo Hospital, Bilaspur, Christian Medical

College, Vellore and other hospitals. As per Clause 9.4.0 of National Coal Wage Agreement (NCEA), the respondents should have considered the medical/health status of the petitioner by constituting a Medical Board. The company did not constitute Medical Board between 04.04.2013 to September, 2015. Petitioner''s father retired on 29.02.2016. His representation dated 14.02.2015 (Annexure-P/2) for constituting a Medical Board went in vain. It is prayed that respondents be directed to examine the medical/health status of the petitioner''s father and in turn consider the case of the petitioner for grant of employment as per Clause 9.4.0 of NCWA.

Prayer is opposed by Ms. Gaharwar, learned counsel for the respondent. She submits that as per Clause 9.4.0 the claim was subsisting upto 58 years of age. The petitioner preferred Annexure-P/2 on 14.02.2015, i.e., after crossing 58 years of age. He submits that the age limit of 58 years is extended regarding employee suffering from certain aliments which are described in Annexure-R/1 dated 16.05.2015. The aliment of the petitioner''s father is not covered as per Annexure-R/1.

No other point has been pressed by the learned counsel for the parties.

I have heard the parties at length and perused the record.

Clause 9.4.0 of NCWA reads as under: "(ii) In case of disablement arising out of general physical debility so certified by the Coal Company, the

employee concerned will be eligible of the benefit under this clause if he/she is upto the age of 58 years."

[Emphasized Supplied]

In this case, admittedly, the petitioner''s father preferred the application dated 14.02.2015 (Annexure-P-2). By this date, he had already crossed the maximum age of 58 years. Learned counsel for the petitioner is unable to show any provision under which the employer was obliged to convene Medical Board periodically. In absence thereto, the petitioner''s father should have preferred application for checkup of his medical/health status before attaining 58 years of age in order to seek benefit of Clause 9.4.0. After having failed to request the employer to undertake aforesaid exercise of examining the aspect of general physical disability, at this stage when he had crossed the maximum age (58 years) and retired on superannuation, no relief can be granted to the petitioner. I find no reason to entertain this petition in discretion jurisdiction under article 226 of the Constitution of India.

Petition fails and is hereby dismissed.