- (1.) This Appeal arises out of an Order dated 6.5.2003 passed by a learned Single Judge of this Court in a Contempt Application being CPAN No. 696 of 2002 (arising out of W.P. No. 11600 (W) of 1999) whereby and whereunder the said learned Court disposed of the Contempt Application by directing the Respondent Authority to appoint the Writ-Petitioner as and when there would be a vacancy on the concerned post on which he was said to have been interviewed.
(2.) The facts of this case, briefly stated, is that the Respondent No. 1 (hereinafter referred to as the Petitioner) filed a Writ Petition before this Court which was registered as W.P. No. 11600 (w) of 1999 wherein he prayed for the issuance of a Writ of Mandamus commanding upon the Respondent-Authorities to appoint him on the post of a Junior Operator (Field) under the Indian Oil Corporation. In the said Writ Petition, he pleaded that his father, Sudarshan Das, was the owner of Plot No. 19; Khatian No. 3692; Mouja Buita; P.S. Budge Budge in the District of 24 Parganas (South) which was acquired for purposes for setting up of an LPG Bottling Plant by the Indian Oil Corporation whereafter Notice was served upon his father and compensation given to him for the said acquisition.
(3.) According to the Petitioner, for purposes of acquisition of such lands, the Indian Oil Corporation had decided to offer employment to one of the nominated members of the land-loser. Sudarshan Das (father of the Petitioner) therefore nominated the Petitioner for consideration of his employment and accordingly, a Biodata was submitted together with a Declaration Form whereafter the General Manager, Indian Oil Corporation issued a call letter to the Petitioner for the post of a Junior Operator (Field) in the scale of Rs. 2234-3504. The Petitioner was asked to appear in the Test/Interview on 21.9.1998 on 10 A.M. This is also evident from Annexure "D" appended to the Writ Petition. The said letter is of significance in this case and therefore, it is quoted below:- "IOC : MD:ER Indian Oil Corporation Limited (MD) 2, Gariahat Road (South) Dhakuria, Calcutta-68. Ref. No. P & A/1121/ER-51 Date: 07/09/1998 Shri Prasanta Das S/O. Sudarsan Das 33/1, K.P. Mondal Road, 1st Lane, B/Budge. Dear Sir/Madam, Sub: Recruitment for the post of JR. OPERATOR (FIELD) Scale- Rs. 2234-3504/-. Your name has been sponsored by the OFFICE OF THE D/MAGISTRATE OF W/BENGAL vide memo No. 179/C (D) Ist priority list for consideration for the post of JR OPERATOR (FIELD) in the grade of Rs. 2234-3504/- in this corporation. The eligibility norms laid down for the above post are as follows:- Qualification : PASSED SSC ( X STD.) Age : 40 yrs. As on 28.2.98 If you are fulfilling the above requirements, please call on us at GREAT EASTERN HOTEL. 1&2&3, Old Court House Street, Calcutta-700001 on 21.09.98 at 10.00 A.M. for test/personal interview. If you do not fulfill any of the above norms, you will not be permitted to attend the test/interview and you may ignore this call letter. When you come for the test/interview, you should bring with you the original certificates/test/testimonials in support of your caste, qualification, age, etc. together with photocopy of the certificates/testimonials and the enclosed declaration form duly filled & signed by you. You are required to affix one photograph in the space provided on the declaration form. In case you are already employed in a Government Department, Quasi Government or in Public undertaking, you should bring a certificate issued by your employer giving their NO OBJECTION to consider you for employment in this Corporation. Please note that you will not be allowed to appear for the test/interview if you do not bring the following:- (a) any of the documents mentioned above at the time of test/interview. (b) No Objection Certificate in case you are employed in Government Department, Quasi Government or in Public Undertakings. Please also note that you will be paid Rail/Bus fare in connection with this test/interview. No request for charge in the date of test/interview will be entertained. Please note that we are not in any way responsible nor do we take any liability towards any candidate who does not receive the call letter or other communication in the matter in time due to postal or any other such delays. Yours truly For Indian Oil Corporation Lrtd. (MD) Sd/- illegible GENERAL MANAGER (HR)" (Quoted as it appears in the paper book but emphasis by bold fonts is by this Court);