S.Devender v. The Chairman And Managing Director, Apnpdc Ltd.,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.17410 of 2007 ORDER:

The present Writ Petition, under Article 226 of the Constitution of India, came to be filed seeking to direct the respondents to consider the case of the petitioner for appointment to the post of Contract Junior Lineman in the respondent-Corporation, in one of the existing vacancies.

No representation for the petitioner.

Heard the learned Standing Counsel for respondentCorporation.

The case of the petitioner, as seen from the affidavit filed in support of the Writ Petition, is that the petitioner belongs to B.C.(B) category and was working as an Assistant Operator at 132/33 K.V.Ghanpur Sub-station from 16.03.2000 till the date of filing of the writ petition. Petitioner is also said to have passed the prescribed Trade Test in the Trade of Electrician and obtained certificate from the Government in March, 1998. While things stood thus, on 06.06.2006 the 2nd respondent issued a notification inviting applications from the eligible candidates for recruitment to the post of Junior Lineman on yearly contract basis. As the petitioner possessed all the requisite qualifications, he applied for the said post. A call letter was issued asking the petitioner to attend for the interview and test on 16.04.2007.

Pursuant to the same, petitioner attended the interview and was successful in pole climbing test. It is alleged that though the petitioner is having all the requisite qualifications apart from having 7 years of experience in respondent-Corporation, his case was not considered even though there were 76 vacancies.

that on 28.07.2007, petitioner made a representation before the 1st respondent requesting to consider his case by considering length of his service rendered in respondent-Corporation. Inaction on the part of the respondents in considering the representation of the petitioner, led to filing of the present Writ Petition.

On 14.08.2007, while admitting the Writ Petition, this Court issued an interim direction to the respondents to consider the case of the petitioner for appointment to the post of contract junior lineman, if he is qualified in the interviews held on 16.04.2007. Thus, by virtue of said interim direction, the respondents might have considered the request of the petitioner for appointment to the post of junior lineman on contract basis. Hence, this Court is of the view that nothing further survives for adjudication in this Writ Petition, at this length of time. If the petitioner is appointed, he would continue with the same as per the terms of agreement of contract. Therefore, the Writ Petition is dismissed.

Miscellaneous petitions pending in this writ petition, if any, shall stand closed. No costs.

_______________________________ JUSTICE C. PRAVEEN KUMAR 28.03.2017 sur