LAWS(ALL)-2003-2-134

SHYAM SUNDER SINGH Vs. J R KALIA

Decided On February 27, 2003
SHYAM SUNDER SINGH Appellant
V/S
J R Kalia Respondents

JUDGEMENT

(1.) The Petitioner filed Writ Petition No. 43625 of 1997 which was disposed of by this Court on 26.5.1998. The Petitioner is trained apprentice. He claimed appointment on the basis of decision of the Apex Court in the case U.P.S.R.T.C. referred to in the judgment. His case is that he took training from the year 1980 to 1983 for three years. That all the other persons, who took training with him were absorbed by the opposite parties in the year 1984-85. However, the Petitioner was not absorbed. Therefore, he was forced to file the above writ petition. The case of the U.P.S.R.T.C. was considered by this Court and writ petition was disposed of finally with the following observation:

(2.) In view of this direction of the Court, the representation of the Petitioner was considered and it was rejected regarding which the registered letter was sent to the Petitioner which is Annexure-C.A.-3 dated 20.4.2000. The appointment of the Petitioner was refused on two ground, firstly, he has not passed N.C.T.V.T. examination. The second ground is that he is overage inspite of the due relaxation as per the judgment, in accordance with the relevant recruitment rules, i.e., S.R.O. 185 of 1994.

(3.) It has been argued by Sri Sudhakar Pandey, learned Counsel for the Petitioner that the Petitioner completed apprentice training in the year 1983 and should have been appointed in the year 1984 when other persons were employed. That at that time the Rules of 1979 where applicable. The said rules have been filed and it is argued that there was no condition of passing N.C.T.V.T. examination at that time nor there was any age bar.