SOUTH EASTERN COALFIELDS LIMITED Vs. DHARAMVEER SAHU

JUDGEMENT

(1.) The interference made by the learned Single Judge with regard to the course pursued by the Appellants herein for denying employment to the Respondent having disability to an extent of 45% to his right leg, despite coming out successful in the selection for the post of 'ECG Technician', notified by the Appellant, is under challenge in this appeal.

(2.) The sum and substance of the case as put forth by the learned counsel representing the Appellant-Company, which is a Public Sector Undertaking in the Central Government Sector, is that a notification was issued inviting application for the post in question. The Respondent participated in the process of selection and he was admittedly selected and offer of appointment was given on

(3.) 09.2012 as borne by Annexure-P/6. During the course of medical examination, the Medical Board certified that, by virtue of the physical disability of 45% to the right leg, the Respondent was not fit to be appointed. Based on the said certificate, the offer of appointment was cancelled, which was sought to be challenged by the Respondent in the writ petition filed before this Court. 3. The course of action sought to be pursued by the Appellants was sought to be justified stating that there was nothing illegal or arbitrary on their part and that the cancellation of the offer of appointment was only by virtue of the certification given by the Medical Board. It was also asserted that the Respondent was let known that the appointment would only be subject to the medical fitness, as clearly stated in Annexure-P/6 offer of appointment. The relevant rule applicable to the employees of the Appellant-Establishment was also pressed into service, stating that a minimum physical standard had to be maintained for recruitment to the post concerned. The Respondent/Writ Petitioner contended that there was absolutely no rhyme or reason for the cancellation of the appointment and that all the particulars including as to the extent of physical disability to the right leg were clearly mentioned by the applicant in the application. There was no proper reasoning for cancellation of the offer, as to how it (the certified disability) would adversely affect the functioning or discharging the duties by the applicant with regard to the post of 'ECG Technician'. The cancellation order came as a 'bolt from the blue' and even in violation of fundamental principles of natural justice. It was further pointed out that there was absolutely no merit in the stand taken by the Employer-Company, that the rejection of the candidature and the cancellation of the appointment was on the basis of the rule regarding the necessity to maintain the physical standards.