ASHES KUMAR ROY Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The petitioner was the owner of a land which was acquired/purchased by the respondent-authorities. Thus, the petitioner became entitled to employment under the Land Loser Scheme of the Coal India Limited and duly applied for such employment. Upon an interview being held and the petitioner being found eligible, the petitioner appeared for the initial medical examination at Kunustoria Area Hospital, Bansra, as fixed by the respondent-authorities on two dates.

(2.) Subsequently, by a communication dated December 11, 2019, the Eastern Coalfields Limited intimated the petitioner that the latter was unfit for employment, since the petitioner has Colour Blindness and Amblyopia in the left eye. By a subsequent communication dated July 21, 2020, the Eastern Coalfields Limited (respondent no. 3), intimated the petitioner that an appeal by the petitioner to reconsider the previous decision had been turned down, confirming the decision of rejecting the petitioner s application for employment. Being thus aggrieved, the petitioner has moved the present writ petition, challenging the decisions dated December 11, 2019 and July 21, 2020 respectively.

(3.) Learned counsel for the petitioner submits that the relevant conditions are reflected in Form P-I, framed under Rules 29-F(1) and 29-L of the Mines Rules, 1955. Clause 4(a) of Form P-I stipulates that workers employed on surface and in opencast workings should have a vision of 6/12 for the better eye and 6/18 for the worse eye. The requisite vision for workers employed below the ground are, respectively, 6/6 and 6/9.