M BRAHMANANDA Vs. WORKS MANAGER ZONAL WORKSHOP ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION VIJAYWADA

JUDGEMENT

(1.) The petitioner filed this writ petition seeking a Writ of Mandamus questioning the action of the respondents in not promoting him as Grade- I Mechanic in the quota ear-marked for I.T.I, candidates during the year 1978 as illegal, arbitrary and consequently sought for a direction to promote him as Grade-I Mechanic in the year 1978 with all consequential benefits.

(2.) The factual background of this case is that the petitioner having studied up to 10th Class, joined Industrial Training School at Kakinada in the year 1963 when Employment Oriented Courses were introduced by the State Government at the secondary level of education. It is also now on record that these courses were wound up after 3 or 4 years. The Industrial School Leaving Certificate Course is a two years course and the petitioner having passed the examination obtained I.S.L.C. Certificate in the year 1963. Thereafter he also studied Draftsman course of one year in Auto Service and obtained a Certificate in Draftsmanship.

(3.) On the basis of the above two certificates he joined the service of therespondent-Corporation in the year 1964 as Casual Cleaner and his services were regularised in the year 1965. Subsequently he was promoted as Helper with effect from 01-04-1970. On 26-11-1973 he was promoted as Mechanic Grade-II. As per the Staff Regulations of the respondent-Corporation for promotion to Grade-I Mechanic, out of 4 vacancies one post has to be filled in with I.T.I, candidate and the rest of them have to be filled up with non-certificate holders. The case of the petitioner is that as the Industrial School Leaving Certificate (I.S.L.C.) is equivalent to that of I.T.I. Certificate, he is entitled to promotion as Grade-I Mechanic in the year 1978 in the vacancy earmakred for ITI candidate but his case was not considered. Immediately he seemed to have made a representation bringing this anomaly to the officials of the respondent-Corporation. Almost for one decade he went on making representations. Ultimately the representation of the petitioner was rejected by the respondent-Corporation in its proceedings No. El/232(33)/81- RWS-(V), dated 03-10-1987 stating that the Chief Personnel Manager, Hyderabad has clarified that the "Craftsmanship" Certificate issued to candidates who studied "Auto Servicing" course from the Industrial School attached to Andhra Polytechnic, Kakinada, cannot be considered as equivalent to NAC or NTC (ITI Certificate) which came into existence after passing of the All India Council for Technical Education Act, 1987, which is intended to streamline and bring uniformity in imparting technical education in the State. From the facts of the case it is seen that these NAC or NTC Certificates that are being demanded by the authorities cannot be made applicable to the persons who joined service on the basis of the Certificates issued much prior to the introduction of the Act. Questioning the said orders the present writ petition has been filed by the petitioner.