DEONARAYAN DEOKUMAR PATEL Vs. M P ELECTRICITY BOARD

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent against the order of a learned Single Judge dismissing appellant's writ petition M. P. No. 903 of 1979 on merits on 27-9-1984.

(2.) THE appellant was selected as a Graduate Trainee in the Generation Wing of m. P. Electricity Board along with 33 others vide order dated 26-11-1976 subject to the terms and conditions given in the order on a fixed stipend of Rs. 425/- per month. The trainees were required to get themselves medically examined before joining. They were to undergo training for two years. The Chief Engineer may terminate a trainee without notice and without assigning any reason. A separate agreement was also to be executed. There were other conditions that they will be eligible to be considered for appointment as Assistant Engineer on satisfactory completion of training. They will have to pass departmental examination in Accounts before appointment and to undergo medical examination and produce fitness certificate of the Medical Board before joining and if the result is adverse their appointment will be liable to be terminated without notice. An agreement will have to be executed giving an under-taking that they will have to serve the Board for a period of 3 years as Assistant Engineer. The appellant successfully completed his training on 12-1-1978 and when he was being interviewed by the appraisal Committee on 13-1-1978 for being appointed as Assistant Engineer, it was noticed that he was hard of hearing and, therefore, he was directed to get himself examined by Divisional Medical Board. Though the appellant was selected but this was subject to medical fitness. The appellant appeared before the Board which gave a certificate dated 1-4-1978 that the appellant is suffering from Conductive Deafness. It appears that this certificate did not satisfy the Board and, therefore, it directed the appellant to appear before Central Medical Board, Bhopal. The appellant was examined by the Central Medical Board which gave a report on 8-8-1978 that he was suffering from High Myopia Fundus Myopic Degeneration, vision BE 6/60, with Glasses be 6/18 and in its opinion this was a disqualification for appointment in M. P. Electricity board. In view of this adverse report, the agreement was terminated on 29-8-1978. However, the appellant got examined by Dr. Santosh Singh, Ophthalmic Surgeon of briopal on 5-9-1978 who recommended certain medicines and his report was slightly better. The appellant made certain representations against his termination which were rejected on 20-11-1978. He then served a notice on the respondents and then filed the writ petition which was opposed by the respondents saying that he being medically unfit, his agreement was terminated as per terms and conditions of his appointment as a traineee.

(3.) THE learned Single Judge held that the appellant has alleged that he was an employee of the Board and his services could not be terminated without any notice or without giving any reason and be has been discriminated inasmuch as no other graduate Trainee was required to appear before the Medical Board again. It has been held that by no stretch of imagination the appellant could be treated to be an employee of the Board. The appellant was appointed only as a Graduate Trainee and on satisfactory completion of training, he was eligible for appointment as Assistant engineer and his agreement was liable to be terminated at any time without giving any reason or showing cause. He was also required to pass departmental examination in accounts and other examinations before being appointed. The appellant was also required to execute a bond to serve the Board for a period of 3 years. There was no order appointing the appellant as Assistant Engineer. At the time of interview by the appraisal Committee, it was detected that the appellant was hard of hearing. Therefore, he was directed to appear before the Medical Board which reported that he was suffering from High Myopia Fundus-Myopic Degeneration and was unfit for appointment, hence the agreement was terminated and no appointment was made. It is true that during his training period, he was paid certain D. A. and T. A. but that did not make him a regular employee because he was entitled to D. A. and T. A. for going out on rotational training. As the appellant was unfit for appointment because he was suffering from High Myopia Fundus-Myopic Degeneration, therefore, it could not be said that he was similarly situated as other Graduate Trainees. There was no question of discrimination simply because the appellant was required to appear before the Medical board twice. This became necessary because the Appraisal Committee felt that the appellant was suffering from hearing defect and should be examined by the Medical board. The petition was accordingly dismissed but it was observed that in all fairness the board should consider giving some suitable employment to the appellant for which defect in eye-sight may not be an impediment in case the appellant makes an application to the Board to this effect.