Himachal Pradesh High Court
Suresh Kumar vs State Of H.P. & Ors on 18 April, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 1825 of 2023
.
Decided on: 18.04.2023
Suresh Kumar ...Petitioner
Versus
State of H.P. & Ors. ...Respondents
Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting? 1 No.
For the Petitioner : Mr. Kul Bhushan Khajuria, Advocate.
For the Respondents: Mr. Anup Rattan, A.G. with Mr. I. N.
Mehta, Mr. Y. W. Chauhan, Sr. Addl.
A.Gs., Ms. Priyanka Chauhan, Dy. A.G.,
for respondents-State.
Mr. Vinod Chauhan, Advocate, for
respondent No. 3.
Mr. T. S. Chauhan, Advocate, for
respondent No. 4.
Tarlok Singh Chauhan, Judge (Oral)
The instant petition has been filed for the grant of following substantive relief:-
(I) That in view of the submissions made in the writ petition, the writ petition may kindly be allowed and respondent No. 3 may kindly be directed to consider the candidature of the petitioner for the post of Lineman.1
Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 19/04/2023 20:35:39 :::CIS 2
2. It is not in dispute that the petitioner fulfills the eligibility for being appointed as a Lineman as he has qualified .
matriculation with ITI in Electrician Trade. The only ground on which the candidature of the petitioner is not being sponsored is that at the time of his enrolment under the National Classification of Occupations, Third Edition (2004), the petitioner had not opted for the code in question.
3. It is relevant to reproduce the instructions as submitted to the Court, the relevant portion whereof read as under:-
"3. It is submitted that Ex-Servicemen Employment Cell conducted the interview on the basis of National Classification of Occupations Codes being a similar qualification for the post of Electrician and Lineman. As per National Classification of Occupations, Third Edition (2004) issued by Directorate General of Employment & Training of Labour & Employment, Government of India, Electrician Code is 851.10/7137.10 and Lineman code is 857.10/7245.10 Annexure R-III.
4. It is pertinent to mention here that X-1 card for employment assistance si filled up by the candidates in concerned employment exchanges and allotted maximum of three NCO codes as per their qualification. The petitioner has registered himself with NCO codes.
4. We really fail to understand as to how respondent No. 3 can confine the availability of avenues of appointment to maximum three (3) NCO Codes. After all, if a person is qualified, ::: Downloaded on - 19/04/2023 20:35:39 :::CIS 3 then he has every right of consideration for the post being eligible.
.
5. In the given facts and circumstances, we allow this petition by directing respondent No. 3 to sponsor the name of the petitioner for appointment to the post of Lineman, subject to verification of his certificates.
6. The petition stands disposed of in the aforesaid r to terms, so also pending application(s), if any.
(Tarlok Singh Chauhan)
Judge
(Virender Singh)
18th April, 2023 Judge
(sanjeev)
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