- (1.) This appeal has been preferred by an ex-employee of Eastern Coalfields Limited and his son dissatisfied with the judgment and order dated 14.8.2009 passed by the learned Single Judge of this Court in W.P. No.239 (W) of 2002. The appellant/petitioner no.1 was an employee of Eastern Coalfields Limited and was posted at Barachawk Seam Incline under Sitarampur area as an Engineer having E2 Grade and uninterrupted service record.
(2.) It was the case of the appellant/petitioner that due to the long service the petitioner no.1 suffered from various ailments including serious heart disease and his health condition started deteriorating from the year 1987. The appellant/petitioner was referred to the Apex Medical Board by the management of the respondent no.2 company and he was declared medically unfit for service and physically disabled person on 20.l0.1989 by the Apex Medical Board.
(3.) It is the case of the petitioner that as per the service condition, the petitioner was entitled for premature retirement and/or discontinuation of service if he was declared medically unfit and/or physically disabled person to perform any duty and due to such premature retirement on the ground of disablement and/or medical unfitness one dependant of the petitioner was entitled for employment in the respondent no.2's company.;