COAL INDIA LIMITED Vs. BIBHU RANJAN KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) The short question that arises for determination in this case is whether the respondent possesses the prescribed qualification for holding the post of Welfare Officer (Trainee) under the appellant-company which is a Government Company. The question having been answered in the affirmative by the single Judge of the Calcutta High Court, vide the judgment dated 7-10-1999 in W.P. No. 1449/97 which was confirmed by the Division Bench vide the judgment/order dated 24-11-1999 in G.A. No. 4468 of 1999, the company has filed this appeal by special leave.

(3.) The relevant facts leading to the present proceeding may be stated thus : The respondent Bibhu Ranjan Kumar holds a post in the non-executive cadre of the company. The management decided to promote qualified and suitable persons in non-executive cadre to the executive cadre. By the letter dated 22-4-1997 addressed by the General Manager (Personnel) to the General Manager/Chief General Managers of different companies under the management of the appellant a request was made to send names of eligible departmental candidates for appointment to the post of Welfare Officer (Trainee). In the said letter it was specifically stated that the bio-data of the non-executive personnel who possess MBA degree (two years course) with specialisation in personnel management duly recognised by the Director General, Mines Safety (for short 'DGMS' with 40% and above marks be sent. The respondent claiming to be an eligible candidate wanted his name to be recommended and his bio-data to be sent to the centralised cell of the appellant-company for the purpose. The appellant did not accept the respondent as a candidate possessing the prescribed eligibility qualification. (Emphasis supplied)