Nimai @ Nemai Bouri vs Eastern Coalfields Limited & Ors
2022 Latest Caselaw 3 Cal

   05
03.01.2022
 Ct. No.23
    (NB)
                     IN THE HIGH COURT AT CALCUTTA
                    CONSTITUTIONAL WRIT JURISDICTION
                             APPELLATE SIDE

                               WPA 20074 of 2021

                              Nimai @ Nemai Bouri
                                        Vs.
                         Eastern Coalfields Limited & Ors.


                     Mr. Partha Ghosh,
                     Mr. Amal Kumar Gupta.
                                  ... for the petitioner.

                     Mr. Indradeep Pal.
                                  ...for the ECL.

                     Mr. Subit Majumder.
                                  ...for the respondent no.4.

The petitioner's mother while working in Eastern

Coalfields Limited (in short "ECL") died in harness on 11 th

June, 2019. The petitioner made an application for giving

the petitioner an appointment on the death of his mother.

This application was rejected by a letter dated 11 th May,

2021 on the ground that the petitioner is over-aged for

getting an appointment under the provisions of National

Coal Wage Agreement (in short "NCWA").

The petitioner says that in the rejection memo, it

has been stated that the petitioner is aged between 35 to

40 years on 10th March, 2021 as per the assessment done

by the Age Assessment Board of ECL on 10 th March, 2021,

the petitioner says that as per the provisions of NCWA, the

petitioner is entitled to be considered for appointment upto

the age of 35 years. The range as indicated by the

Assessment Board is 5 years, which is impermissible in

view of the judgments delivered by this Court as also by the

Hon'ble Supreme Court. The range according to the

petitioner can at the highest to be of 2 years.

On behalf of the ECL, it is submitted that they have

acted on the basis of the assessment done by an Expert

Board engaged for this purpose. The rejection has been

done only on the basis of the examination done by the

Expert Board after close scrutiny of the various parameters

of the petitioner.

Considering the rival contention and the materials

on record, I think that before passing any further order, I

should direct the petitioner to be examined by the Burdwan

Medical College as to his age. The Medical Superintendent

of Burdwan Medical College shall constitute a board on

being approached for assessment of the present age of the

petitioner. The entire exercise shall be undertaken by

Burdwan Medical College within a period of six weeks from

the date on being approached by observing the prevailing

Covid 19 protocol.

Burdwan Medical College shall send the report in a

sealed envelope to the Registrar General of this Court

within a period of two weeks from the date of holding the

medical examination of the petitioner. It is made clear that

the petitioner as also the ECL authorities shall cooperate to

get the medical examination of the petitioner done by the

Burdwan Medical Board.

Let this matter be adjourned till 9th March, 2022.

On the next date, if the report is forwarded to the

Registrar General in terms of this order, the same should

be placed before this Court without opening the same.

The petitioner shall communicate this order to the

Medical Superintendent, Burdwan Medical College within a

period of seven days from date and the said Medical

College shall act on the basis of a server copy of this order

without insisting upon production of a certified copy thereof.

(Arindam Mukherjee, J.)