CHANDIGARH ADMINISTRATION Vs. RAVINDER SINGH AND OTHERS

JUDGEMENT

(1.) This order shall dispose of CWP Nos. 9651; 9664 and 10276 all of 2002, filed by the Chandigarh Administration as well as the selected candidates, the appointment of whom was set aside by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal') on 6.3.2002 on an application filed by Ravinder Singh, respondent No. 1 (hereinafter referred to as the applicant).

(2.) The brief facts, which led to the passing of the order by the Tribunal are that on 24.9.1999, the Chandigarh Administration accorded sanction to the engagement of 39 apprentices in the Engineering Department during the year 1999-2000 as per the provisions of the Apprentices Act, 1961 (for short 'the Act'). Out of the said 39 posts, 2 posts were meant for apprentices in Mechanical Engineering and three in Civil Engineering in the Public Health Wing of Chandigarh Administration. A requisition was sent by the Chandigarh Administration to the Regional Employment Exchange, Chandigarh for recommending the names of the eligible candidates, who could be appointed as apprentices. The Employment Exchange recommended the names of the candidates for apprentices. On the basis of the recommendations of the Employment Exchange, a duly constituted Committee selected such apprentices for training. The said apprentices completed their successful training in December, 2000 as well. The applicant filed an Original Application before the Tribunal pleading that he belongs to the Scheduled Castes category and possesses a degree of B.E. (Civil) from the Punjab Engineering College and that he got apprenticeship training as well but has not been appointed.

(3.) The grievance of the applicant is that three posts of Junior Engineer were neither advertised nor any requisition was sought from the Employment Exchange and the apprentices, who had completed training in December, 2000 were considered and appointed vide letter dated 30.1.2001. It is further alleged that father of Ishwar Saini, a selected candidate, is serving as a Senior Assistant, whereas father of Gurvinder Singh is working as Junior Engineer in the Public Health Wing. Similarly, father of Amit Gupta, is also working in the Department. It was, thus, alleged that the candidates have been appointed in a clandestine manner without advertising the vacancies and without giving opportunity to the candidates, who were trained apprentices for a higher post.