IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5263 of 2010 UGRA MOHAN SINGH S/O SRI MADAN MOHAN SINGH R/O VILL.- SARBADIPUR, P.S.- KAHALGAON, DISTT.- BHAGALPUR. VERSUS 1. NATIONAL THERMAL POWER CORPORATION LIMITED, KAHALGAON SUPER THERMAL POWER PROJECT, KAHALGAON, BHAGALPUR, THROUGH GENERAL MANAGER. 2. THE GENERAL MANAGER NATIONAL THERMAL POWER CORPORATION LIMITED, KAHALGAON, SUPER THERMAL POWER PROJECT, KAHALGAON, BHAGALPUR. 3. THE DEPUTY GENERAL MANAGER HUMAN RESOURCES, NATIONAL THERMAL POWER CORPORATION LIMITED, KAHALGAON, SUPER THERMAL POWER PROJECT, KAHALGAON, BHAGALPUR. 4. THE DEPUTY MANAGER, PERSONNEL AND ADMINISTRATIVE RECRUITMENT (ESTABLISHMENT), NATIONAL THERMAL POWER CORPORATION LIMITED, KAHALGAON, SUPER THERMAL POWER PROJECT, KAHALGAON, BHAGALPUR. 5. THE SENIOR OFFICER HUMAN RESOURCES DEPARTMENT, NATIONAL THERMAL POWER CORPORATION LIMITED, KAHALGAON, SUPER THERMAL POWER PROJECT, KAHALGAON, BHAGALPUR. 6. THE EMPLOYMENT OFFICER EMPLOYMENT EXCHANGE, BHAGALPUR. ----------- For the Petitioner : Mr. Niranjan Kumar, Adv. For the NTPC : Mr. Anil Kumar Sinha, Adv. ------------ 02 12.04.2010 The petitioner is a land oustee of lands acquired for construction of the Super Thermal Power Station at Kahalgoan of National Thermal Power Corporation Limited (NTPC). As a measure of rehabilitation of the land oustees, the land oustees from time to time are given opportunities to seek employment in NTPC itself at Kahalgoan. Petitioner had in terms of the Apprenticeship Act learnt the trade of Instrument Mechanic at NTPC from 15.04.1999 to 14.04.2000 and got a national apprenticeship certificate. Allegedly, as no examination for recruitment of Instrument Mechanic was held for almost over two decades, - 2 - petitioner could not applied but has been working on daily wage basis for a private contractor in NTPC premises itself. He was duly registered with the Employment Exchange. NTPC has now advertised for recruiting land oustees on the post of Instrument Mechanic but his name has not been sent by the Employment Exchange nor is being considered by the NTPC solely because of age bar. Mr. Anil Kumar Sinha, learned counsel appearing for the NTPC states that NTPC has made an age relaxation for 12 years while fixing upper age limit as 39 years. Petitioner is about 40 years old and he is clearly barred. Learned counsel for the petitioner submits that for the delay in NTPC in taking the examination the right of petitioner cannot be frustrated. Petitioner had got requisite qualification by working in NTPC itself in the year 2000, no examination ever since were held, thus, it would be wrongful denial to him in this manner. In my view, petitioner’s cause requires consideration. I, therefore, direct respondent-NTPC to consider petitioner’s case because petitioner fulfills apparently all other criteria but only because the examinations have been delayed, he is being denied employment. He cannot be faulted or deprived of his right to be considered. Petitioner would accordingly file a representation giving the aforesaid facts to the Deputy General Manager, Human Resources, National Thermal Power Corporation Limited, - 3 - Kahalgoan, Super Thermal Power Project, Kahalgoan, Bhagalpur, who would consider the matter and pass appropriate orders in this regards in accordance with law within a fortnight of such representation being filed. With these observations and directions, the writ petition is disposed of. Trivedi (Navaniti Prasad Singh, J.)