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2024 Supreme(Cal) 1314

SOUMEN SEN, UDAY KUMAR
West Bengal State Electricity Distribution Company Limited – Appellant
Versus
Supratim Mukherjee – Respondent


Advocates Appeared:
For the Appellants : Mr. Joydip Kar, Sr. Adv. Mr. Debanjan Mukherjee.
For the Respondent: Mr. Durga Prasad Dutta, Mr. Souvik Sen, Mr. Sumanta Ganguly.

JUDGMENT :

Soumen Sen, J.

1. By consent of the parties the appeal and the applications are taken up together and disposed of by this common order.

2. We have heard the learned counsel appearing for the parties.

3. The petitioner is an aspirant for the post of Office Executive in the West Bengal State Electricity Distribution Company Limited (in short, WBSEDCL). The writ petitioner applied for recruitment pursuant to an advertisement dated 22nd December, 2018. The petitioner qualified in the computer test and also got selected in the personal interview. However, his candidature was rejected by an office order dated 18th November, 2022 as he was declared ‘temporarily unfit’ due to high Myopia. Thereafter, the writ petitioner underwent Lasik Laser Surgery for correction of his eye sight. Thereafter, he prayed for reconsideration of his candidature vide representation dated 24th November, 2022 made to the General Manager (HR&A), WBSEDCL.

4. While the said representation was pending the petitioner made another representation on 13th December, 2022 for reconsideration of his candidature by the said officer. In view of non-consideration of the said representation the writ petitioner filed a wr

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