SHIV NARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) With this order we shall dispose of the application filed by the petitioner to review the judgment in CWP No. 16740 of 1995 decided on 7.10.1996.

(2.) Petitioner was appointed as workshop Instructor in the trade of ''Painting and Sheet Metal'', vide order, Annexure P-1, which post he joined on 1.7.1965. The next higher post for promotion is Foreman Instructor. Petitioner was ignored for promotion as Foreman Instructor as he did not possess the requisite qualification of one year's Central Training Institute (hereinafter referred to as 'C.T.I.') Certificate in the trade of Painting or one year's practical training in a public limited company, in case, C.T.I. facilities were not available in the trade of painting. Petitioner kept on filing representations with a request that he be sent for the training but he was not sent for the training as there was no facility of training in Painting Course available in any institution in the country. Petitioner had also requested that he be sent for one year's practical training in a public limited company as provided under the Technical Education Department Services Rules, 1986. He was not sent for one year's practical training in a public limited company although certain persons, who were similarly situated, were sent to public limited companies to obtain one year's practical training. Taking all these factors into consideration and finding merit in the contentions raised by the counsel for the petitioner, the petition was disposed of with the following directions :-

(3.) As the petitioner retired on 30.11.1996, the directions given by this Court in its judgment dated 7.10.1996 could not be carried out. Petitioner has averred that because of the changed circumstances, he is entitled for promotion to the post of Foreman Instructor from the date persons junior to him were given promotion with all benefits of pay and service and has accordingly prayed for review of our judgment dated 7.10.1996.