HEMALATHA Vs. BHEL

JUDGEMENT

(1.) This writ petition has been filed seeking declaring the "action of the respondents in not permitting the petitioners to attend and participate in the personal interview held on 3/1/2013 at 1.30 PM for post of Temporary Employee/Artisan under dependent of deceased employee quota in the 1st respondent organization in pursuance of the Employment Notification No.Hy/01/2013 as arbitrary illegal unfair unjust and violative of Articles 14 and 19(1)(g) of the Constitution of India in the interest of justice declare the exclusion of the married daughters from the definition of the term dependent of the deceased in the scheme formulated for appointment into the Respondent Company on compassionate grounds as arbitrary discriminatory illegal and violative of Article 14 of the Constitution of India and declare the exclusion of the married daughters from the definition of the term "dependent" of the deceased in the scheme formulated for appointment into the Respondent Company on compassionate grounds as arbitrary, discriminatory, illegal and violative of Article 14 of the constitution of India."

(2.) Sri Goda Siva, learned senior counsel appearing for petitioners would submits that petitioner No.1 and Petitioner No.2 have passed SSC examination in the month of March, 1998 and March 1993 respectively. Subsequently petitioners under went vocational Training from August 2006 to July 2008 and August 2007 to July 2009 respectively and were issued National Trade Certificate by the National Counsel for Vocation Training and also received apprenticeship training in the 1st Respondent organization, petitioner No.1 is also working in respondent No.1 office as Computer Operator on the temporary basis.

(3.) Learned Senior Counsel would submits that Respondent No.1 issued Employment Notification No.HY/01/2013, dtd. 10/10/2013 inviting applications from eligible candidates for the post of temporary employee (Artisan) under dependant of deceased employee quota. In the said notification, the minimum education qualifications prescribed for the said post are SSC with National Trade Certificate from the recognized Industrial Coaching Centre and in the said notification it is also mentioned that the selection process will be in two stages namely i) written test and ii) Trade Test and personal Interview for successful candidates in the written test. In pursuance, of the above said employment notification, petitioners have applied for the post of temporary employee (Artisan) under the "dependant of deceased employee quota" and Hall Tickets were issued to appear for the written test to be held on 10/11/2013. Accordingly, petitioners appeared for the written test and were successful and qualified for the personal interview and call letters were issued for interview scheduled to be held on 3/1/2014. Accordingly, when petitioners reached the respondent office to appear for the personal interview, but were not interviewed on the ground that petitioners were not eligible under the dependants of deceased employee quota.