Fitness-for-duty assessment: legal constraints on selecting the examining physician under § 54 LBG SH

The Federal Administrative Court granted the plaintiff’s petition for leave to appeal for the sake of the principle importance of the legal question, ordering that the case proceed to substantive review without deciding the merits on this interim motion. The dispute concerns a civil servant’s placement into retirement and specifically challenges the legal constraints governing the authority’s selection of the physician tasked with assessing the official’s fitness for duty under § 54 Abs. 1 LBG SH (old version). The decisive legal basis is § 132 Abs. 2 Nr. 1 VwGO, which permits a revision appeal where the matter has fundamental legal significance, specifically requiring clarification of the binding obligations imposed on public authorities when appointing medical examiners for service fitness evaluations.