JUDGEMENT
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(1.) THE judgment dated 10.9.2012 passed in W.P.(S) No. 4828 of 2012 of which review has been sought for reads as under:
"The petitioner was offered appointment vide appointment letter dated 05/06.7.2012, Annexure 5 to the writ petition, wherein fathers name of the petitioner was mentioned as "Mahesh Arora". The petitioner was not allowed to join on the ground that the correct name of his father is "Mahesh Kumar Arora".
(2.) THE petitioner has filed an affidavit of his father that Mahesh Arora alias Mahesh Kumar Arora is one and the
same person. The father of the petitioner got it published in
the newspapers that Mahesh Arora alias Mahesh Kumar
Arora is one and the same person.
Having heard learned counsel for the petitioner and
having perused the record, I am of the opinion that joining
should not be denied to the petitioner on the hyper -technical
ground that the fathers name of the petitioner was initially
mentioned as ,,Mahesh Aroa, while the correct name of his
father is ,,Mahesh Kumar Arora. There seems to be no
dispute about the identity of the petitioner or his father. In the
absence of any dispute pertaining to the identity of the
petitioner or his father refusal to give joining on the
hypothetical and technical ground seems to be totally
unjustified and arbitrary.
Therefore, the writ petition is allowed with the direction to the respondents to give joining to the petitioner without
any further delay, in any case, within 90 days from the date
the certified copy is produced before them."
(3.) THE respondents Central Coalfields Ltd. has preferred this review petition stating that the writ petition was allowed in the very first instance
without giving opportunity to the respondent/writ petitioner, herein, to put
forth his stand. The reading of the judgment dated 10.09.2012 indicates
that the judgment was passed in presence of the parties including the
present petitioner. Learned Single Judge after hearing the parties found
that the respondents despite offering appointment letter to the writ
petitioner were not allowing him to join on hyper -technical ground that the
father's name of the petitioner initially mentioned was 'Mahesh Arora'
while the correct name of his father is 'Mahesh Kumar Arora'. Learned
Single Judge also observed that there is no dispute about the identity of
the petitioner or his father. In such circumstances, the writ petition was
allowed by directing the respondents to give joining to the petitioner within
a stipulated time as there did not appear any dispute pertaining to identity
of the petitioner or his father. At the same time, the perusal of the
annexure contained in the writ petition also discloses that relevant
documents were already on the record for the learned Single Judge to
make an observation to the effect while passing the judgment. The
petitioners herein have not made any case that there is dispute relating to
the identity of the petitioner or his father. During the course of submission,
a plea has been taken that the writ petitioner was required to produce a
proper certificate regarding correction of the name of his father by the
concerned issuing authority.;
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