CENTRAL COALFIELDS LIMITED, RANCHI Vs. SANTOSH KUMAR

JUDGEMENT

(1.) THIS Letters Patent Appeal has arisen out of the judgment and order dated 20.06.2013 passed by the learned Single Judge in CWJC NO.2830/1998(R) whereby it was held that the petitioners/respondents are eligible for the appointment on the post of Lab/Pathological Technician (Trainee), Grade -D and directed the respondents/appellants to consider the case of the petitioners/respondents in the light of the findings of the aforesaid writ application.

(2.) THE brief fact of the case is that Notification dated 02.08.1994 (Annexure -1 to this appeal) was published by the respondents/appellants for recruitment to the post of Lab/Pathological Technician(Trainee) which was sent to Employment Exchange and the pay was fixed at Rs.2000/ - as consolidated stipend during the training period with a mention that the management may decide the placement in T and S Grade -D in the scale of pay of Rs.1158 -48 -1542 -58 -2006 of NCWA -VI. The qualification prescribed was matriculate and diploma in Pathological technician from a recognised institution and approved by the Government and on the basis of such publication the writ petitioners' name as well as other candidates' name was forwarded by the Employment Exchange. Thereafter, the written examination was held on 28.12.1994 and interview and practical examinations were held on 24.05.1995. At the time of the interview it was noticed that the Medical Laboratory Technology Institute, Kaloor, Kochi which had issued the diploma to the writ petitioners/respondents was not a recognised/approved institute by the Government. A team comprising of Dr.M.K.Sinah, Medical Superintendent and Shri I.I.Joseph, P.M.(W) were sent to various institutes situated at Kerala and they submitted the report that the institution have no affiliation with the University or professional institute and was not approved by the State Government or the State Technical Board and the institute from which the petitioners/respondents had obtained the diploma is not recognised by the Government. Considering the fact that the petitioners/respondents do not possess the degree from a recognised institute appointment letter was not issued to them. Being aggrieved the petitioners/respondents filed writ application being CWJC NO.4106/1996(R)(Annexure -4 to this appeal) which was disposed of directing the appellants to give proper opportunity of hearing to the petitioners/respondents and after considering the case to pass a reasoned order. In compliance of the order passed by the Court the respondents/appellants gave an opportunity of hearing to the petitioners/respondents and by a reasoned order rejected their claim vide Annexure -5.

(3.) BEING aggrieved by the aforesaid order the petitioners/respondents filed CWJC NO.2830/1998(R) which was disposed of with the direction in the order impugned above.