RAMESH KUMAR SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner was engaged in August, 1982 as an Apprentice Draftsman under the Apprenticeship Act, 1961 for training for 3 years in the Public Works Department (B&R Branch), Haryana. One of the conditions of apprenticeship was that there shall be no obligation on the part of the department to provide him employment after the expiry of the training period. It is not in dispute that the petitioner has undergone the training from 16.8.1982 to 15.8.1985. After completion of his training he represented to the Engineer-in-Chief in the year 1985 that he be employed as a Draftsman in the department. His claim for appointment was not accepted as according to the department there were no rules or instructions providing for an apprentice to be appointed as a Draftsman. He kept representing thereafter. It was in the year 1993 that he filed the present petition under Article 226 of the Constitution for a direction to the respondents to appoint him as Draftsman in the department. It is alleged that some posts of Draftsman are lying vacant and that the petitioner could be appointed against one of these posts.

(2.) In the written statement filed on behalf of respondents 1 and 2 it is pleaded that the petitioner has no right to seek employment with the department as according to the terms of his apprenticeship there was no obligation on the part of the department to give him employment on the completion of his training.

(3.) I have heard counsel for the parties.