Union Of India And ORS. v. Chandi Das Khan And ORS

Dl 3.

September 23, 2022 W.P.C.T. 28 of 2021 With W.P.C.T. 75 of 2020 Re: C.P.A.N. 713 of 2022 filed on July 21, 2022 in WPCT 28 of 2021 and C.P.A.N. 277 of 2022 filed in WPCT 75 of 2020.

Mr. Achintya Kumar Banerjee, Mr. Sudip Krishna Datta, Ms. Indumouli Banerjee, ...for the petitioners in CPAN 277/2022.

Mr. Shuvanil Chakraborty, Ms. Gargi Roy, ...for the petitioners in CPAN 713/22.

Mr. Siddhartha Lahiri, Mr. Deepak Kumar Singh, ...for the alleged contemnors.

Mr. Siddhartha Lahiri, learned advocate appearing on behalf of the alleged contemnors, submits that 17 petitioners out of 21 have been given employment by issuing letters of appointment in their favour. Mr. Lahiri candidly submits that in respect of 2 candidates out of 17, who have been given employment, certain conditions are imposed. One of such conditions is as follows :- "You are required to acquire the minimum educational qualification prescribed for the post as per Railway Board's letter being No. E(NG)II/2021/RC-1/SR/15 dated March 10, 2022 and your regular service will commence after acquiring the required educational qualification."

We are informed by Mr. Lahiri that out of four petitioners, who have been disqualified, two were disqualified in the physical efficiency test and two were found medically unfit. An affidavit to the aforesaid effect shall be filed by the alleged contemnors on or before the adjourned date upon prior service to the learned advocates representing the petitioners. The matter stands adjourned till November 11, 2022 at 2-00 p.m.

( Soumen Sen, J. ) dns ( Hiranmay Bhattacharyya, J. )