SIYA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the learned Standing counsel for the opposite party No. 1 and Shri Mahesh Chandra, Advocate for the opposite parties Nos. 2 and 3.

(2.) This is a writ petition under Article 226 of Constitution of India for issuing a writ in the nature of mandamus commanding the opposite parties to issue the appointment letter to the petitioner for the post of conductor and also to provide all consequential benefits in terms of thejudgment of the Hon'ble Supreme Court in U. P. State Road Transport Corporation v. U.P. Parivahan Nigam Shishukhs Berozgar Sangh AIR 1995 SC 1115 : 1995 (2) SCC 1 : 1995-II-LLJ-854.

(3.) The case of the petitioner is that he completed the training for the post of the conductor from 15/06/1980 to Jun 29/06/1980. After completion of this apprenticeship as conductor, the petitioner was not provided any job although, the Apprentices Act provided for the regulation and control of training of apprentices and the amendment in the Act aimed to provide 'on the job training' to the products of vocational streams. In compliance of the judgment of the Hon'ble Supreme Court in U.P, State Road Transport Corporation's case (supra), the opposite party No.2, U.P. State Road Transport Corporation issued an advertisement on 31/05/1995 (Annexure No. 2) for appointment of apprentice conductors and last date was 19/06/1995. In pursuance of the advertisement, the petitioner applied for appointment on the post of conductor on the' basis of his training during the period from 15/06/1980 to Ju 29/06/1980. On Ju 12/06/199 5/08/1995 and 21/09/1995, he sent representations to the opposite party No. 2 but no action has been taken. It is further alleged that the department has appointed the junior persons who have completed the training of the post of conductors. He has referred the various guidelines laid down by the Supreme Court in the aforesaid case. The petitioner has also referred a judgment of this Court in Mohd. Waseem v. U, P. State Electricity Board [Writ Petition No.4532 of 1992] (Annexure No. 6). It is further alleged that the last reminder was given on July 10, 2002 but to no effect.