- (1.) HEARD learned counsel for the parties. The petitioner in this application has prayed for a direction to the respondents to allow him to continue on duty on the basis of the appointment letter issued on 12.12.1997 and also for direction to pay him the arrears of salary. Facts of the case, in brief, is as follows :
(2.) THE petitioner's father was employed as a Ward Attendant in Dakra Hospital under the Central Coalfields Limited and he died in harness on 21.4.1996. After the death of his father, the petitioner applied for grant of compassionate appointment to him under the provisions of the NCWA. The respondents considered the claim of the petitioner and issued a letter of appointment dated 4.12.1997 to work as underground labour. The petitioner was referred to the Medical Board for medical examination. The Board found him unfit because of his suffering from physical disability, inasmuch as one of his legs was shorter than the other. On the basis of the medical report, his appointment was withdrawn, on the ground that he was unfit for service. Learned counsel for the petitioner submits that the withdrawal of the appointment of the petitioner is illegal, arbitrary and not tenable in law. Learned counsel explains that the petitioner's father who was employed as Ward Attendant in the hospital, under the CCL died in harness and the petitioner could have very well served in the same capacity notwithstanding his purported physical disability or deformity. It is further submitted that the respondents have not considered for offering him alternative employment in view of the fact that the petitioner is otherwise entitled to appointment under the provisions of The Persons with Disabilities ( Equal Opportunities, Protection of Rights and Full Participation) Act 1995 .
(3.) LEARNED counsel for the respondents submits that the petitioner being found physically unfit could not possibly be granted employment. However, it is not denied or disputed that other than the work in the underground colliery, other jobs could possibly be available to engage the petitioner.;