- (1.) PRANAB Kumar Chottopadhyay, J. Both the appeals arise out of the same judgment and order passed by the learned Single Judge on 7th May, 2003 in W. P. No. 3010 (W) of 2003 whereby and whereunder the said learned Single judge was pleased to hold that the writ petitioner (Arjun Kumar Ray) was an employee of the Damodar Valley Corporation (in short 'dvc') till the date of the delivery of the judgment by the learned Single Judge and the post held by the said writ petitioner should also be regarded as a sanctioned post till that day. The learned Single Judge, however, also held that the writ petitioner should be deemed to be a regular employee of the DVC so long the sanction of the post is not withdrawn by the DVC in accordance with law.
(2.) THE brief facts of the case are narrated hereinafter: the writ petitioner joined the post of Motor Boat Driver in Damodar Valley corporation on provisional and contractual basis for a period of one year on the basis of the letter of appointment dated 22nd September, 1993 issued by the assistant Director of Personnel of DVC. The DVC authorities, however, retained the writ petitioner in the service even after the expiry of the aforesaid period of one year by extending the tenure from time to time upon issuing various office orders which have been disclosed by the DVC authorities in the affidavit-in-opposition filed before the learned Single Judge in connection with the writ petition.
(3.) FROM the available records we find that the writ petitioner while serving the DVC authorities suffered brain injury on 15th February, 1998 and in April, 1999, the said writ petitioner was critically ill for his aforesaid brain injury and'treated at the medical center of the DVC authorities at Tilaiya Dam. All through, the writ petitioner was treated by the specialised Doctor of the DVC authorities.;