Ramgarh (Jharkhand) … v. 1.Coal India Limited through its Chairman cum Managing Director, "COAL BHAWAN", Premise No.4, MAR
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1324 of 2023 Dilip, aged about 36 years, S/o late Ram Jatan Ravidas and resident of Village Sankul, Near Devi Mandap, Patratu P.O: Patratu, P.S: Patratu, District: Ramgarh (Jharkhand) … … Petitioner Versus 1.Coal India Limited through its Chairman cum Managing Director, "COAL BHAWAN", Premise No.4, MAR, Plot No.AF-III, Action Area 1A, Newtown, P.O.- and P.S.- Rajarhat, Kolkata. 2.Central Coalfields Limited through its Chairman cum Managing Director, Darbhanga House, P.O.-G.P.O., P.S.- Kotwali, District- Ranchi. 3.Director (Personnel), Central Coalfields Limited, Darbhanga House, P.O.- G.P.O., P.S.- Kotwali, District- Ranchi. 4. General Manager (P&IR), Central Coalfields Limited, Darbhanga House, P.O.-G.P.O., P.S.- Kotwali, District-Ranchi 5.General Manager (MP & RECTT.), Central Coalfields Limited, Darbhanga House, P.O.-G.P.O., P.S.- Kotwali, District- Ranchi. 6. The Chief of Medical Services (CMS), Central Coalfields Limited, Darbhanga House, P.O.-G.P.O., P.S.- Kotwali, District- Ranchi. 7. General Manager, Central Coalfield Limited, Barka-Sayal Area at and P.O.- Bhurkunda, P.S.- Bhurkunda, District-Ramgarh. 8.Dy.General Manager(M), Central Coalfield Limited, Barka-Sayal Area, Bhurkunda Colliery at and P.O.- Bhurkunda, P.S. Bhurkunda, District Ramgarh. 9.Staff Officer (Personnel and Administration), Central Coalfields Limited, Barka-Sayal Area at and P.O. Bhurkunda, P.S. Bhurkunda, District Ramgarh. 10.Senior Manager (P)/MP, Central Coalfields Limited, Darbhanga House, P.O.-G.P.O., P.S.- Kotwali, District- Ranchi. … … Respondents --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Respondents
Legal Reasoning
--- : Mr. Ratnesh Kumar, Advocate : Ms. Saman Ahmad, Advocate : Mrs. Swati Shalini, Advocate --- 08/14.05.2024 Learned counsel for the parties are present. 2. This writ petition has been filed for the following reliefs:- or other any commanding “ (i) For issuance of a writ of or in the nature of appropriate mandamus writ/order/direction the upon respondent company M/s Central Coalfields Limited to conduct a medical examination of the petitioner in view of and in terms of office memorandum dated 03.08.2022 (Annexure- 5) as the petitioner who has has Limited Coalfields already been appointed vide appointment letter No.PD/MP/Apptt./9.4.0/06-18/209 dated 26.03.2018 (Annexure-1) has not been allowed to join as earlier, as he was found to be suffering from diabetes and hypertension and as the respondent company M/s not Central cancelled/withdrawn the appointment letter, the case of the petitioner for employment is still at pre- employment stage and the petitioner is entitled to be medically examined in terms of office memorandum dated 03.08.2022 which provides that the candidates with diabetes or hypertension will be considered FIT for employment provided they don't suffer from any organ damage involvement; (ii) For issuance of a writ of or in the nature of appropriate mandamus writ/order/direction the upon respondent company M/s Central Coalfields Limited to allow the petitioner to join the services of M/s Central Coalfields Limited if the petitioner is found fit for employment in terms of office memorandum dated 03.08.2022; iii- For issuance of any other appropriate writ, order or direction as may be deem fit and proper for doing conscionable and equitable justice to the petitioner.” any other commanding or 3. Learned counsel for the petitioner submits that the father of the petitioner was an employee of Central Coalfields Limited and the petitioner was offered dependent employment subject to medical examination. The offer of appointment is at Annexure-1 to the writ petition which is dated 26.03.2018. He submits that the petitioner was subjected to medical examination and he was examined on 28.04.2018 and was disqualified on account of three deceases, diabetes, hypertension and colour blindness. The learned counsel has submitted that though the petitioner never joined the services but the offer letter of appointment was never canceled. The learned counsel submits that subsequently on 03.08.2022 a circular was issued by Coal India Limited with regard to rules of medical examination at the stage of pre-employment and as per the norms mentioned therein the petitioner would qualify and therefore the medical report of the petitioner cannot be ground to deny employment to the petitioner and the case of the petitioner is still at pre-employment stage. 2 4. The learned counsel appearing on behalf of the respondents has opposed the prayer and has submitted that after the medical examination on 28.04.2018 when the petitioner was found unfit on account of various ailments, the petitioner has also approached the appellate medical board and he was examined on 27.10.2018 and he was declared unfit for the job. The learned counsel has also submitted that a letter dated 11.02.2020 has been brought on record through the counter affidavit. Although it is an internal communication but it was also mentioned therein that his further representation on account of his re-medical examination cannot be considered. He submits that such letter was issued on account of the representation filed by the petitioner dated 14.10.2019 as contained in Annexure-E and therefore the petitioner was very much aware regarding the cancellation of his candidature. She submits that entire facts with regard to examination of the petitioner by the Appellate Medical Board and further representation etc. have not been disclosed by the petitioner in the writ petition and therefore the writ petition also suffers from material suppression by the petitioner before this court. 5. After hearing learned counsel for the the parties and considering the facts and circumstances of this case this court finds that the petitioner was offered employment vide Annexure-1 dated 26.03.2018 subject to medical examination and when he was examined on 28.04.2018 the petitioner was found unfit. The appellate medical board also examined the petitioner upon an appeal filed by the petitioner and found the petitioner unfit for employment on 27.10.2018. Thereafter the petitioner again filed representation for appointment and prayed for another medical examination that was declined as is apparent from Annexure-E/1 to the counter affidavit. Though the said communication is not addressed to the petitioner but it has been observed therein that the rejection of his representation for re-medical examination be communicated to the petitioner. No rejoinder to the counter affidavit has been filed. Otherwise also the case of the petitioner suffers from material suppression in as much as 3 the examination of the petitioner by the appellate medical board was an important fact which was required to be disclosed by the petitioner. 6. It is not in dispute that the candidature of the petitioner was rejected on account of three ailments- diabetes, hypertension and colour blindness. 7. It is further not in dispute that the petitioner was never allowed to join the post and therefore the offer letter of appointment was never acted upon by the parties when the petitioner was found medically unfit for appointment. 8. The candidature of the petitioner was ultimately rejected by the appellate medical board on 27.10.2018 and the petitioner has filed the present writ petition on 02.03.2023 on the ground that the Coal India Limited has issued certain office order setting out the parameters for the purposes of blood sugar, blood pressure and colour blindness at the stage of pre-employment medical examination. 9. This court finds that the said office order issued by Coal India Limited clearly provides that the interpretation as contained in the office order of Coal India Limited will be effective prospectively. In the aforesaid circumstances this court is of the considered view that the petitioner having been found unfit for employment as back as in the year 2018 , the cause of action of the petitioner to seek employment does not revive by virtue of the office order of Coal India Limited dated 03.08.2022 wherein certain parameters have been set for rejection of candidature on account of blood sugar, blood pressure and colour blindness at pre-employment medical examination and those parameters have been made operative prospectively . 10. In view of the aforesaid facts and circumstances this Court is not inclined to grant the relief as prayed for in this writ petition which is accordingly dismissed. 11. Pending I.A, if any, is closed. Binit (Anubha Rawat Choudhary, J.) 4