SURESH PRASAD SINGH SON OF LATE JAGESHWAR PRASAD SINGH, RESIDENT OF VILLAGE Vs. THE CHAIRMAN, BHARAT WAGON AND ENGINEERING COMPANY LTD., A GOVERNMENT OF INDIA UNDERTAKING, C BLOCK, 5TH FLOOR MAURYA LOK COMPLEX, PATNA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for directing the authorities to appoint Shri Shailesh Kumar Singh, son of the petitioner in his place as had been done in the case of other employees of the respondent-Company, who had been retired on the ground of their prolonged illness like the petitioner.

(2.) The claim of the petitioner is that he was appointed as a Marker in Bharat Wagon and Engineering Company Limited (hereinafter referred to as 'the Company' for the sake of brevity) a Government of India Undertaking and much subsequently he fell seriously ill as he was suffering from heart disease and other diseases and he got himself treated by different medical officers and ultimately finding his ailment not curable, the Medical Officer of the Insurance Corporation advised him to leave his service and take rest for betterment. Hence, the petitioner filed his application dated 02.06.1994 to the General Manager of the Company along with medical certificate dated 11.05.1994 requesting to retire him due to his ailment and appoint his aforesaid son in his place.

(3.) Learned counsel for the petitioner submits that much thereafter on 22.04.1998, the respondents sent letter to the petitioner to get himself medically re-examined and hence the petitioner got himself re-examined on 21.05.1998 and submitted the report. Thereafter the respondent-authority sent letter dated 29.05.1998 stating that his retirement letter has been sent for approval and if he had to say anything in that regard he may get himself re-examined. In response to the said letter, the petitioner sent his reply on 02.06.1998 stating about his medical re-examination dated 21.05.1998.