PRADIP KUMAR MAJI Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The central issue that falls for consideration in this writ petition is whether a member of a family whose land has been acquired by the respondents with an assurance of providing an employment over and above the financial compensation, can be denied any employment in the organization on the ground of his suffering from colour blindness.

(2.) The case of the petitioner inter alia is that he belongs to a family of land loser inasmuch as 2.03 acres of land had been acquired by the Coal India Limited in two moujas in the district of Burdwan. The petitioner was nominated by the members of the family for employment at Eastern Coalfields Limited (ECL, for short) which is a subsidiary of Coal India Limited, under the land losers scheme. He was called for an interview and his employment under the concerned scheme in a Group-D post at the ECL had been duly approved. However, the Medical Board had declared him unfit as he was suffering from colour blindness. The eye specialist to whom he was referred was also the same opinion. The petitioner made a representation for a re-medical examination by the Apex Medical Board, but the representation was not responded to.

(3.) The petitioner has mentioned the information given by the other coalfields to him on the issue whether colour blindness was a disqualification for any employment. For example, the Western Coalfields Limited had replied that appointments are given to colour blind persons, Mahanadi Coalfields Limited replied that a colour blind person is fit for employment in Group-C category. The response of the South-Eastern Coalfields Limited is that the appointments are given to persons with colour blindness for jobs where colour discrimination is not required. In Bharat Coking Coal Limited also colour blindness is not a bar to employment.