Ashwani Kumar vs Indian Oil Corporation Limited & Ors

Sunil Gaur, J

In this petition, petitioner claims that he had applied for the post of Junior Technical Assistant on compassionate ground vide application of 8th

August, 2011 (Annexure P-1) and vide Communication of 20th November, 2015 (Annexure P-8), petitioner has been informed by respondent that

petitioner is medically unfit.

Learned counsel for petitioner submits that petitioner had been advised to obtain an independent medical opinion and he has done it. Attention of this

Court is drawn to Medical Certificate of 14th April, 2016 (Annexure P-11), which declares petitioner fit for active service.

Before approaching this Court, petitioner has not made any Representation on the strength of Medical Certificate of 14th April, 2016 (Annexure P-

11) to third respondent. In the facts and circumstances of this case, this petition and application are disposed of with permission to petitioner to make a

concise Representation to third respondent within a week while relying upon Medical Certificate of 14th April, 2016 (Annexure P-11). Upon receipt of

such Representation, third respondent shall consider petitioner’s application of 8th August, 2011 (Annexure P-1) in the light of Medical Certificate

of 14th April, 2016 (Annexure P-11). If any vacancy of Junior Technical Assistant, Grade-III, under the category in question is still available, then

petitioner’s case be sympathetically considered. Let third respondent pass a speaking order within six weeks and the fate of petitioner’s

Representation be made known to petitioner within a week thereafter, so that petitioner may avail of the remedy, as available in law, if need be.

With aforesaid directions, this petition and application are disposed of.