DAMODAR VALLEY CORPORATION Vs. ANUP PURAKAYASTHA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 27th september, 2005 passed by a learned Judge of this Court whereby and whereunder the said learned Judge finally disposed of the writ petition on merits and granted relief to the writ petitioner following the earlier Division bench Judgment dated 23rd November, 2004 passed in the case of Rudra pratap Singh v. Damodar Valley Corporation and Ors. and also following another judgment of the learned Single Bench of this Court in the case of smt. Ballari Sarkar wherein the identical issues were raised. As a matter of fact, this Bench had the occasion to decide the identical issues in the earlier judgment dated 28th July, 2009 passed in F. M. A. No. 2528 of 2005 (Damodar Valley Corporation and Ors. v. Smt. Ballari Sarkar ).

(2.) UNDISPUTEDLY, the respondent/writ petitioner herein along with the said Smt. Ballari Sarkar applied for the post of Labour Welfare Officer and both Smt. Ballari Sarkar and the respondent/writ petitioner herein were initially absorbed as trainees by the appellants herein. Subsequently, the departmental proceedings were initiated against both on the identical grounds, that is, concealment of the qualification for the post in question and also for making false declaration.

(3.) THIS Court, in the case of Smt. Ballari Sarkar, discussed in details all the issues now raised in this appeal and rejected the contentions of the appellants herein. Unfortunately, even thereafter, the appellants decided to pursue the present appeal after loosing the battle on the identical grounds in the case of Smt. Ballari Sarkar (supra) and Rudra pratap Singh (supra ). It has been alleged on behalf of the appellants-Corporation that like Smt. Ballari Sarkar and Rudra Pratap Singh, the respondent/writ petitioner herein did not have the requisite qualification for the job in question, that is, Management Trainees of the appellant-Corporation since the respondent/writ petitioner had one year diploma certificate in lieu of requisite full time diploma in Labour and Social Welfare.