- (1.) Heard learned counsel for the petitioner and learned counsel for the respondent National Building Construction Corporation Limited.
(2.) The National Building Construction Corporation Limited (hereinafter referred to as the 'NBCC'), published an advertisement in the Employment News dated 23-29 September 2006, inviting applications for different posts, including the post of Senior Stenographer in the category of Scheduled Caste and Visually Handicapped (Partially Blind). As per the advertisement, the qualification for Senior Stenographer was Graduate with speed in English or Hindi shorthand 110/100 w.p.m. respectively and typing speed computer 50/40 w.p.m. respectively. In other words, the candidates knowing Hindi shorthand were required to have the speed of 100 w.p.m. and the typing speed of computer on 40 w.p.m. The petitioner, being visually handicapped (partially blind), applied for the same and it is an admitted case that the skill test of the petitioner was taken for Hindi shorthand and typing, in which, he passed and he was also selected in the interview and offer of appointment was given to him on 16.1.2008, which has been brought as Annexure-3 to the writ application. In the said offer of appointment, there was a condition imposed in Paragraph-16, which read as follows:- " You are required to qualify the test in English Shorthand 110 w.p.m. and English typing test on computer 50 w.p.m. within a period of six months of your joining, the Corporation failing which your probation will not be cleared and also annual increment will not be released to you. Probation may be extended further, solely at the discretion of the Management, for a period of six months only, beyond which probation will not be extended."
(3.) The petitioner gave his joining on 8.2.2008 and was posted as Senior Stenographer in the Zonal Office at Jammu and subsequently transferred on 29.5.2008 to the Office of S.P.G., Jharkhand, Ranchi. The petitioner being conversant in English shorthand and typing, had to apply from time to time for extension of his probation period in order to pass the English shorthand and typing, and his probation period was also extended from time to time, as he was appearing in the English shorthand and typing tests, but he could qualify, as per the required proficiency speed test, and ultimately, by order dated 24.9.2013, as contained in annexure-4 to the writ application, his services were terminated.;