LAWS(ALL)-2012-3-250

JAGDAMBA MISRA Vs. UNION OF INDIA

Decided On March 27, 2012
Jagdamba Misra Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE present Writ Petition under Article 226 of the Constitution of India has been filed by the petitioners, inter -alia, praying for quashing the Judgment and Order dated 2.3.2001 passed by the Central Administrative Tribunal (in short " the Tribunal") whereby various Original Applications, namely, Original Application No. 1341 of 1996, Original Application No. 393 of 1997, Original Application No. 785 of 1997, Original Application No. 1068 of 1998, Original Application No. 370 of 1998, Original Application No. 173 of 1998 and Original Application No. 907 of 1998 filed by the petitioners and others, were dismissed.

(2.) FROM a perusal of the Writ Petition and the Annexures thereto, it transpires that the petitioners were Degree/Diploma -holders in Mechanical and Electrical Trades and had undergone the prescribed training under the Apprentices Act, 1961 (hereinafter also referred to as "the Act"). Consequent upon successful completion of training under the Act, the petitioners sought employment in the establishment of the respondents in pursuance of various Employment Notices issued by the respondents from time to time.

(3.) AS noted above, the Tribunal by the Judgment and Order dated 2.3.2001 (Annexure 12 to the Writ Petition) dismissed the said Original Applications. The Tribunal rejected the contention raised on behalf of the petitioners that the petitioners being trained apprentices should have been favourably considered for appointment even without undergoing the written test prescribed under the relevant Rules, Regulations etc. The Tribunal further rejected the contention that in view of reservation in matter of appointment for the trained apprentices, the petitioners were entitled to get appointment, and they were not required to undergo the written test prescribed under the relevant Rules, Regulations etc.