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2013 DIGILAW 1324 (JHR)

Raj Kumar Ravidas v. Eastern Coalfields Limited

2013-12-03

AMITAV K.GUPTA, R.BANUMATHI

body2013
Order : The appellants have preferred the instant appeals against the order dated 10.09.2012 passed in W.P.(S) No. 4600 of 2012 and W.P.(S) No. 4596 of 2012 whereby the learned Single Judge has dismissed both the writ petitions. 2. The writ petitioners/appellants are claiming themselves the certificate holders of Industrial Training Institute, Lalmatia and they are claiming age relaxation and preference in the selection process since they are the local residents of the area in question. 3. Learned counsel for the appellants has submitted that similar issue was involved and the same has been decided in L.P.A. No. 436 of 2012 and L.P.A. No. 429 of 2012 and both the appeals were allowed. Therefore, these appeals may also be decided in terms of the order passed in L.P.A. No. 429 of 2012 and L.P.A. No. 436 of 2012. 4. Learned counsel for the respondents submitted that earlier writ petition, W.P.(S) No. 72 of 2012 was not decided on merit and therefore, direction issued thereon by the Single Judge was not binding on the learned Single Judge in W.P.(S) No. 4600 of 2012. Learned counsel further submitted that writ petition, W.P.(S) No. 4600 of 2012 was also not decided on merit and therefore, order dated 30.04.2013 passed in L.P.A. No. 429 of 2012 need not be followed in these Letters Patent Appeals. 5. We do not propose to go into the contention of the learned counsel appearing for the respondents. It is always open to the respondents to pass speaking order while considering the representation of the appellants. 6. Having regard to the issue involved in these Letter Patent Appeals, both the appeals are disposed of in terms of the order passed in L.P.A. No. 436 of 2012 which reads as under:- In view of the above, both the appeals are allowed in terms of the order dated 30.04.2013 passed in L.P.A. No. 429 of 2012 and it is ordered that in that view of the matter, these appeals are allowed and the order dated 10.09.2012 is set aside. The respondent competent authority shall take the present writ petitions as the representation of the petitioners and shall decide the representations in the line of the decision dated 15.05.2012 passed in W.P.(S) No. 72 of 2012. The respondent competent authority shall take the present writ petitions as the representation of the petitioners and shall decide the representations in the line of the decision dated 15.05.2012 passed in W.P.(S) No. 72 of 2012. The respondents shall decide the representation of the petitioners being uninfluenced by the fact of dismissal of the writ petition by the learned Single Judge or any observation made in that judgment. The representations may be decided within two months from the date of receipt of a copy of this order. 7. The Letters Patent Appeals are disposed of in terms of the above order. The appellants are directed to file a fresh representation to the respondents within 4 (four) weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondents shall consider the representation in accordance with law and regulations within two months from the date of receipt of the representation. LPA disposed of.