M SABARINATHAN Vs. GENERAL MANAGER, ORDNANCE FACTORY, MINISTRY OF DEFENCE,; CHAIRMAN AND D G O F , ORDNANCE FACTORY,; EMPLOYMENT OFFICER, EMPLOYMENT AND TRAINING DEPARTMENT AND; P VIJAY ANAND

JUDGEMENT

(1.) This Writ Appeal is filed against the order, dated 04.07.2007, passed in W.P.(MD) No. 4500 of 2007, whereunder the prayer of the appellant for a direction to the first respondent to make appointments with respect to the vacancies in the post of 'Machinist - Semi Skilled' in accordance with the Official Memorandum issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training), New Delhi, bearing No. 14024/1/2004 (Estt (D), dated December 2004, was rejected by a learned single Judge, following an earlier decision of this Court, in an identical matter.

(2.) According to the appellant, he, after passing S.S.L.C. examination in the year 1997, joined the Government Industrial Training Institute, Trichy, completed the course of training as "Machinist" and passed the test in the year 2000; he underwent Nationalised Apprenticeship Training between October, 2001, and October,2002, in Bharat Heavy Electricals Limited (BHEL), Trichy; he also passed the prescribed test, conducted by National Council for Vocational Training, in November,2002, and got certificate; he has good experience in operating Milling Machines, Drilling Machines and other related machines and tools at BHEL, Trichy, and at Rasab Engineering Works, Trichy; he belongs to Other Backward Class Community and registered his name with third respondent under Registration No. 10891/97 and, hence, he is fully qualified to be appointed as "Machinist - Semi Skilled Workman".

(3.) It is is the further case of the appellant that first respondent has been appointing several candidates, who are junior to him, as Machinists, for the past several years; as per the settled legal principles, the Government owned institutions should cause proper advertisements in newspapers, calling for applications from the eligible candidates, besides inviting the eligible candidates from District Employment Exchange purely on seniority basis and, further, appointments should be made as per the Office Memorandum No. 14024/2/96/Estt.(D), dated 18.05.1998, which came to be issued as per the directions of the Supreme Court, but the first respondent, violating the said Memorandum, has made more than 500 appointments, without effecting proper notifications in newspapers nor inviting eligible candidates from third respondent.