KHEMAN MAHATO Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) IN this writ application the petitioner has prayted for quashing the impugned letter contained in Memo No. 1233 dated 23.2.06 (Annexure -11) whereby the petitioner 'sclaim for extending the benefit of Clause 9.4.0 of NCWA -VII has been regretted without assigning any reason. The grievance of the petitioner is that he is entitled for the benefit of Clause 9.4.0 of NCWA -VII, but the same has been denied to him on the basis of the perfunctory report of the Medical Board. It has been submitted that the Apex Medical Board in Column 11 of its report has given its opinion only mentioning "not recommended for 9.4.0" without assigining any reason as to why the said recommendation has been refused when the leprosy has been found on the person of the petitioner causing deformity of hands and feet.

(2.) COUNTER affidavit bas been filed by the respondents stating, inter alia, that the impugned order contained in letter dated 23.2.06 (Annexure -11) has been sent on the basis of the recommendation of the Apex Medical Board and there is no arbitrariness and illegality in the said letter. It has been further stated that the petitioner has crossed 59 years of age and the petitioner is not entitled to the benefit of the Clause 9.4.0 of NCWA -VII which is to be given only before 58 years.

(3.) HOWEVER , the respondents are at liberty to constitute a fresh Medical Board for the said purpose and to pass appropriate order in accordance with law before the petitioner 'sretirement.