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1990 DIGILAW 47 (PAT)

Sunil Kumar v. Managing Director, L. I. C.

1990-02-03

R.N.PRASAD, S.ALI AHMAD

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The petitioner wants that in terms of the circular based on agreement entered into in the Supreme Court, the petitioner should be allowed to appear in the examination for appointment on class III post. There is no dispute between the parries that such of the workmen, who had worked at least for 85 days between 1.1.1982 to 20.5.1985 and are possessed of requisite academic qualification will be entitled to appear in the examination irrespective of their age, if they apply latest by 6.3.1987. The petitioner says that he sent an application on 30th October, 1986 under certificate of posting. A photo-stat copy of the certificate also has been marked as Annexure 5/A. The petitioner, therefore, says that he fulfils all the requirements contained in Annexure 13 and, as such, he should be allowed to sit in the examination. Mr. Kalyan Kumar Ghose appearing for the Corporation, on the other hand, says that the petitioner never applied for appointment and that the application as mentioned at Annexure 5 never reached its office, Perusal of Annexure 5 shows that a request was made "to kindly send the late claim before the Han'ble Tribunal", There was no request made in the application to appoint him in terms of the award. Be that as it may, learned counsel for the Corporation say that the application was never received and that it is not very difficult to obtain a certificate of posting. In that view of the matter, it is difficult for us to entertain the plea of the petitioner. We accordingly, see no merit in this application, which is rejected. AS. Application dismissed.