LAWS(DLH)-2009-1-196

ATHAR PERVAIZ Vs. N.T.P.C. LTD.

Decided On January 29, 2009
Athar Pervaiz Appellant
V/S
N.T.P.C. LTD. Respondents

JUDGEMENT

(1.) THE appellant had applied for appointment as an Assistant Engineer (Operation and Maintenance) with National Thermal Power Corporation Ltd. (NTPC) but was not considered on the ground that he did not fulfil requisite one year of post -qualification experience as prescribed in the advertisement.

(2.) THE appellant has a degree in B.E. (Civil) course from University of Kashmir, Srinagar, J and K. It is the contention of the appellant that he had appeared in the final year exam in June and July, 1999 and his results were declared on 30.12.1999 but he had started working as a Civil Engineer with a company at Rajouri, Jammu from August, 1999 onwards. According to the appellant, work experience from August, 1999 onwards till 30.12.1999 when B.E. final examination results were declared should be counted as a work experience. On the other hand, it is the contention of the respondent -NTPC that work experience after declaration of the results on 30.12.1999 could only be taken into consideration. The appellant, therefore, did not meet the eligibility requirement.

(3.) WE have examined the advertisement pursuant to which the appellant had applied for appointment to the post of Assistant Engineer (Operation and Maintenance). The relevant clauses read as under: Minimum Post -Qualification Experience 1 year post -qualification relevant experience.... Training period, if any, shall not be considered for reckoning post -qualification experience. The minimum post -qualification experience as prescribed was one year. In view of the terms of the advertisement and the clauses quoted above, we do not think experience from August 1999 till declaration of final BE results on 30.12.1999 can be counted as a post -qualification experience. The appellant qualified and got degree in BE (Civil) only on declaration of results on 30.12.1999. Experience after the said date can be counted as post -qualification experience. Experience/training before the said date is not a post -qualification experience but experience prior to qualification. Pre -qualification experience cannot be counted as per specific term of the advertisement.