M SELLAMUTHU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) K. Chandru, J.Heard Mr. L. Chandrakumar, learned counsel representing Mr. S. Doraisamy for the petitioners and Mr. M. Vaidyanathan, learned standing counsel for the respondent Electricity Board and perused the records.

(2.) W.P.No,40078 of 2005 was filed by one K. Paramasivam and 18 others seeking to challenge the Board Proceedings in B.P.No,73, Secretarial Branch, dated 26.32002 and the consequential order in letter dated 21.4.2004 issued by the Chief Engineer (Personnel) (third respondent) and for a direction to consider the names of the petitioners in a preferential manner in any temporary appointments on permanent basis in accordance with their qualifications. Notice was ordered in the writ petition on 16.12.2005.

(3.) IN so far as the prayer in W.P.No,40078 of 2005 claiming preference for the trained apprentice in the employment of the Electricity Board is concerned, the matter is squarely covered by the decision of the Supreme Court in Tamil Nadu Electricity Board -vs- P.Arul and others in Civil Appeal Nos.5285-5325 of 1996 dated 03.10.1996. IN the said judgment with reference to the claim for preference, it was observed as follows:-''This Court has, therefore, clearly laid down that Apprentices/Trainees shall have to go through the process of selection provided under the Service Regulations/Rules. Keeping in view the fact that the Apprentices acquire training under the same management, they are not required to sit in the written test but in a selection where viva-voce test is also provided. It would be necessary for the Apprentices to go through the process of viva-voce. This Court has specifically laid down that a trained apprentice should be given preference - other things being equal - over direct recruits. IN a given case an Engineering graduate may be preferred to a diploma holder apprentice. It depends on the Selection Committee and also the regulations /Rules governing the selection.We are of the view that this Court has clearly laid down that the Apprentice-Trainees have no right to be appointed in preference to other applicants."(Emphasis Added)