LOKANATH KHORA Vs. HINDUSTAN AERONAUTICS LIMITED AND OTHERS

JUDGEMENT

(1.) In this writ petition under Articles 226 and 227 of the Constitution of India wherein the order dated 16.6.2012 as contained under Annexure-14 is under challenge whereby and where under training of the petitioner as Technician Trainee(Turner) in the Hindustan Aeronautics Limited has been terminated with immediate effect.

(2.) Brief facts of the case of the petitioner as pleaded the writ petition is that he has passed H.S.C. Examination and +2 Arts Examination in the year 1995 and 2000 respectively, had undergone apprenticeship training in the trade Turner at Training and Development Centre of Hindustan Aeronautics Limited, Koraput Division, Sunabena-2 from 15.4.2002 to 14.4.2005. He has passed the prescribed test conducted by the National Council for Vocational Trades, New Delhi held in the month of April,2005. He was duly selected and appointed as Technical Trainee(Turner) vide order dated 24.1.2007, then he was examined by doctors of Visakha Eye Hospital on 22.2.2097 and reported on 23.2.2007, appointment of the petitioner was cancelled vide order dated 21.3.2007. The petitioner has submitted his candidature again pursuant to the advertisement dated 6.12.2008, after being duly selected, he vide order dated 9.11.2010 was issued with the provisional letter of appointment to the post of Technical Trainee(Turner) with terms and conditions as indicated therein, he thereafter joined his duties.

(3.) Grievance of the petitioner that prior to joining he was found fit in the medical test and accordingly allowed to complete training successfully and satisfactorily and as such appointed to the post of Technical Trainee(Turner) vide order dated 12.2.2011 and pursuant thereof he joined his duties and discharging his duties to the satisfaction of the higher authorities but he was advised to go for re-medical examination vide order dated 27.2.2012 in the office of the Chief Medical Services, HAL, Sunabeda, petitioner has prayed to allow him time to appear in the medical examination but vide order dated 23.3.2012 he was intimated that re-medical examination is re-scheduled on 26.3.2012 and the same will be conducted at Visakhapatnam and accordingly he was directed to report on 26.3.2012, accordingly he had attended re-medical examination on 31.3.2012 at Visakhapatnam wherein it was detected that he is suffering from Deutranopia i.e. Congenital Red-Green Absolute Colour Blindness and accordingly show cause notice has been issued upon him, he had responded but without considering his response, the authorities has come out with order as contained in the communicated dated 16.6.2012 whereby and whereunder his training as Technical Trainee(Turner) has been terminated with immediate effect which is impugned in this writ petition.