JUDGEMENT
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(1.) Civil Misc. No. 2451-LPA of 2014
In view of averments made in this application, the same is allowed. Delay of 47 days in filing the appeal stands condoned.
Letters patent Appeal No. 1087 of 2014
1. This appeal has been filed against an order passed by the learned Single Judge on 11.3.2014 allowing Civil Writ Petition No. 6415 of 2013 filed by respondent No. 1-Lalit Mohan. As per facts on record, against an advertisement dated 8.7.2008, the respondent applied for the post of Shift Attendant. Taking note of his qualification and merit, he was given appointment letter subject to medical fitness. As per averments contained in the paperbook, on examination, his eye-sight was found defective by the Civil Surgeon at Narnaul and he was declared unfit to be appointed against the post in question. He was re-examined by the Board of Doctors and was declared to be fit for job. His case was referred to the PGI at Rohtak for re-examination. As per the report, vision of the respondent was found as Right Eye 6/24 and Left Eye 6/18 and Ace Right Eye - 2 Dcyl 1800 (6/18P) and Left Eye - 1-25 Dcylx 250 (6/12P) and found Nystagmus.
(2.) Taking note of report made by the PGI at Rohtak, appointment letter dated 21.3.2012 was cancelled. At that stage, respondent approached this Court by filing the above said writ petition.
(3.) It is necessary to mention here and also it is not in dispute that before his selection against the post of Shift Attendant, the respondent had been working against that very post on daily wage basis from 1.4.2004 to 31.3.2009. During this period, he was not found lacking in performance of his duties and there is no report against him for committing any error when working against the post of Shift Attendant.;
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