LAWS(GJH)-2007-3-82

BHAVNABEN MAGANLAL JOSHI Vs. GUJARAT ELECTRICITY BOARD

Decided On March 22, 2007
Bhavnaben Maganlal Joshi Appellant
V/S
GUJARAT ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) AS common questions of law and facts arise in both these petitions, they are being disposed of by this common judgment and order.

(2.) BY way of these petitions under Article 226 of the Constitution of India, the respective petitioners who were at the relevant time working as apprentices with the Gujarat Electricity Board (hereinafter referred to as "the G.E.B." for short) i.e. in the year 1985 have prayed for an appropriate writ, direction and/or order directing the respondents to absorb the petitioners in service by providing suitable employment in view of their qualifications in the Office of the respondent No.2 and in the employment of the respondent Board. It is also further prayed for an appropriate writ, direction and/or order directing the respondents to grant deemed date of employment treating the petitioners in the employment from the date on which their immediate juniors were absorbed in service by the respondents.

(3.) IT is the case of the petitioner of Special Civil Application No.3861 of 1998 that the petitioner was selected as apprentice by the G.E.B. by office order dated 14th March, 1985 and pursuant thereto, she had undergone the apprenticeship for the period of one year from 18th March, 1985 to 17th March, 1986. It is also further submitted that she has passed the requisite Trade Test (Book Keeping and Accountancy) Examination, which was held during the period from 21st April, 1986 to 30th April, 1986 and that she had submitted an application on 20th September, 1986 to the respondents for absorbing her in suitable service on permanent basis. It is submitted that the petitioner was placed in waiting list, however, considering the Circular dated 7th December, 1984, the petitioner was treated age barred and therefore, the petitioner submitted an application to relax the age and continue her in the waiting list. It is submitted that though other employees were granted relaxation of age, however, the petitioner was not granted the age relaxation and the name of the petitioner has been deleted from the waiting list and therefore, the present Special Civil Application has been filed.