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SCA/4034/1993 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4034 of 1993
=========================================================
RAKESH
VERMA - Petitioner(s)
Versus
OIL
AND NATURAL GAS COMMISSION & 2 - Respondent(s)
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Appearance :
MR
PC MASTER for
Petitioner(s) : 1,
MR RAJNI H MEHTA for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/04/2010
ORAL
ORDER
1. The
petitioner has prayed to quash and set aside the Office Order dated
31st January 1989 passed by the respondent authorities and
direct the respondents to reinstate the petitioner on his original
post of Assistant Technician (Rig Operation and Maintenance) with
continuity of service and with full backwages.
2. The
petitioner joined the service of the respondent on 16.1.1989. Vide
order dated 31.1.1989 Deputy G.M. (Coordination) issued an order to
the petitioner stating that he has been declared medically unfit due
to colour blindness for appointment in ONGC. It was also informed
that his joining report dated 28th January 1989 was not
accepted. The petitioner has therefore challenged the said decision
by way of the present petition.
3. Learned
Advocate for the petitioner contended that at the time when he had
taken training for the post of Assistant Technician he was not found
unfit and that the petitioner got himself checked up by Civil
Surgeon, New Civil Hospital, Ahmedabad and he was given a certificate
stating that he does not have any disqualification. Learned Advocate
has also contended that during this period one Mr. Jamardhan and Mr.
Jagroop Singh, who were also disqualified by respondents were taken
on different job, but the petitioner’s case was not considered.
According to him as per Circular issued by ONGC even the said Mr.
Janardhan and Mr. Jagroop Singh could not have been appointed. He
further submitted that on coming to know about the case of said Mr.
Janardhan Ram and Mr. Jagroop Singh he made a representation which
was not considered.
4. Heard
the learned Advocates and perused the relevant papers. Admittedly it
was found that the petitioner was unfit on the basis of physical
examination. Though the petitioner has produced a certificate, he
was subjected to medical examination on re-evaluation on 22.6.1989 by
a medical Board at Baroda and the Board opined that they he was not
fit for the selected job. Therefore he was relieved on 30th
January 2010. It is also pointed out that the petitioner cannot
compare his case with Mr. Janardhan and Mr. Jagroop Singh because as
they were inducted in ONGC against separate recruitment exercise for
the post of DA Grade III .
5. In
view of affidavit in reply it was declared that the petitioner was
medically unfit. Further, the petitioner was not fulfilling requisite
requirement for the post in question. Therefore, this petition is
dismissed. Rule is discharged with no order as to costs.
(K.S.
Jhaveri,J.)
mary//
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