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Bombay High CourtWP/1438/2024dismissed

Shubham S/O Kavadu Kanse v. National Thermal Power Corporation Ltd. Govt. Of India Enterprise Thr. Its Dgm (Hr) Mumbai

2024-02-29Hon'Ble Shri Justice Nitin W. Sambre , Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 wp1438.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 1438 OF 2024 ( Shubham s/o Kavadu Kanse ..vs.. National Thermal Power Corporation Ltd., Mumbai and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Devdatta Sukhadev, Counsel for the petitioner. CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI, JJ.

DATED : 29-02-2024 Heard the learned Counsel for the petitioner. 2.

The learned Counsel for the petitioner submitted that respondent No.1 issued the appointment order to the petitioner, which was subsequently withdrawn on the ground that the petitioner is suffering from colour blindness. No opportunity/hearing was given to him. He further submits that thereafter the petitioner has reexamined himself in All India Institute of Medical Sciences, Nagpur, and Indira Gandhi Government Medical College, Nagpur who have issued certificates stating that he is fit and there is no defect in the vision of the petitioner such as colour blindness.

3.

Issue notice to the respondents, returnable on 22-3-2024.

4.

Ms. N.P. Mehta learned Additional Government Pleader waives notice for respondent No.3.

2 wp1438.24.odt 5.

In the meantime, respondent No.1 is directed to consider the representations dated 06/12/23 and 20/12/23 filed by the petitioner on or before the returnable date.

6.

Needless to clarify that the post for which the appointment letter was issued to the petitioner, shall not be filled till the next date of hearing.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 01/03/2024 11:37:07