Writ Appeal No. 167 of 2010. Case: Satyawan Nahak Vs South Eastern Coalfields Limited and another. Chhattisgarh High Court
| Case Number | Writ Appeal No. 167 of 2010 |
| Counsel | Anup Mazumdar, Dr. N. K. Shukla, S. Shukla |
| Judges | I. M. Quddusi & N. K. Agarwal, JJ. |
| Issue | Apprentices Act, 1961 |
| Judgement Date | June 17, 2010 |
| Court | Chhattisgarh High Court |
Judgment:
I. M. Quddusi, J.
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Heard learned counsel for the parties.
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This writ appeal has been filed against the impugned order dated 06.05.2010 passed by the learned Single Judge in W.P. (s) No.7285/2007 dismissing the writ petition.
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The writ petition was filed claiming age relaxation in the appointment of Mining Sirdar on the basis that the writ appellant was engaged as apprentice in the year 1991 for three years and as such, according to the learned counsel for the writ appellant, the writ appellant was entitled to get age relaxation as was done in the year 1991 with other co-trainees of the appellant.
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We have perused the record of writ petition and found that on 3.6.1991 the writ appellant was engaged as apprentice under the Apprentice Act, 1961 for a period of three years. It was specifically mentioned in the engagement order of the writ appellant that soon after completion of training period, he will have to submit the pass certificates of Mining Sirdar Shot fire & all three gas testing and at that time in case any vacancy arises and he is found suitable, he will be given appointment.
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It is not in dispute that the writ appellant completed his training of three years in the year 1994 but could not get passing certificates of Mining Sirdar as well as gas testing at that time. In the year 1999 appointment on the post of Mining Sirdar was considered and at that time co-trainees namely Shri Gopal Sinha & Shri Ajay Nair, who had also completed three years training in the year 1994 and were qualified to hold the post, were given appointment after making age relaxation in their cases. However, there was no question of giving appointment to the writ appellant, who was not even qualified in the year 1999 as from perusal of Annexure P-3 it is clear that the writ appellant appeared in the Mining Sardar examination held on 19.11.2005 and certificate was issued to him on 7.3.2006.
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An advertisement was made to appoint Mining Sirdar by the respondent in the year 2007 in which the maximum age limit for OBC candidates on 31.10.2007 was mentioned as 33 years. The writ appellant, who belongs to OBC category and whose date of birth is 22.5.1972, became over age. The writ appellant claimed parity with other candidates namely Shri Gopal Sinha & Shri Ajay Nair on the ground that they were co-trainees with him and in their cases age relaxation was made. But, to our mind when the age relaxation was considered in the year 1999 and the...
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