STATE BANK OF INDIA Vs. KURUCHA SRINIVASA RAO
LAWS(APH)-2020-12-235
HIGH COURT OF ANDHRA PRADESH
Decided on December 28,2020

STATE BANK OF INDIA Appellant
VERSUS
Kurucha Srinivasa Rao Respondents

JUDGEMENT

J.K. MAHESHWARI,CJ - (1.)This writ appeal has been preferred by the appellants challenging the order dtd. 25/9/2018 passed by learned single Judge in W.P.No.24900 of 2006.
(2.)The learned single Judge, after referring to the reports of two specialists has considered the guidelines as issued by the Bank and observed in para No.11 as under:
"The guidelines would abundantly make it clear that the medical officer must take the opinion of the specialist doctor when a person is suffering with Rheumatic Heart disease and consider whether the petitioner is fit for rendering long service or not. Further, as per the guidelines if the medical officer finds any difficulty to come to a conclusion about fitness or otherwise of a candidate, he may refer such cases to the second specialist doctor. But he cannot take decision on his own to disqualify a person merely because he is having Rheumatic heart disease. Further, the learned counsel for the respondents has not disputed the reports of two specialists viz., Dr. G. Sai Gopal and Dr. K. Gopala Krishna. Therefore, the impugned action of the respondents in relying upon the report of the Bank Medical Officer and rejecting the case of the petitioner for appointing him as messenger is unjust. In the circumstances and in view of the medial reports of two specialists, this Court is of the view that a direction can be given to the respondents to appoint the petitioner as messenger."

In consequence to the above findings, directions have been issued to the appellants to appoint the writ petitioner as messenger by duly taking into account that two specialists/ cardiologists declared the writ petitioner as fit for appointment as messenger.

(3.)Learned Counsel for the appellants is unable to point out the discrepancies in the impugned order except stating that there is delay on the part of the writ petitioner in approaching the Court.


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