Delhi High Court
Chander Dev vs Delhi Transco Ltd. & Anr. on 15 January, 2013
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WP(C) No.5807 /2011
% January 15, 2013
CHANDER DEV ...... Petitioner
Through: Mr. Apurb Lal, Advocate.
versus
DELHI TRANSCO LTD. & ANR. ..... Respondents
Through: Ms. Biji Rajesh, Advocate with Mr.
Gaurang Kanth, Advocate for
respondent No.1.
Ms. Avnish Ahlawat, Advocate with
Ms. Latika Chaudhary, Advocate for
respondent No.2.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. By this writ petition the petitioner seeks the relief of direction
to the respondents to condone the delay of the petitioner in submitting the
certificate of experience for the post of Sub Station Attendant (Grade-II) and
with respect to which post petitioner had applied through the regular
recruitment process, but was denied employment on the ground of failure to
submit the requisite experience certificate within the twice extended cut off
date.
2. At the outset, I was inclined to condone the delay of 22 days in
giving experience certificate inasmuch as I thought that a humanitarian view
can be taken because once extensions were granted to the petitioner, then,
there was no reason why a technical view be taken in not condoning the
delay of 22 days. However, I have examined the record brought by the
respondent No.2 and the same shows that in fact the experience certificate
does not meet the criteria of the experience certificate required for the post
to which the petitioner had applied.
3. Indubitably, the advertisement dated 13.5.2008 for the post of
Sub Station Attendant required the following:-
"SUB-STATION ATTENDANT GR.II IN DELHI TRANSCO
LIMITED POST CODE-005/03
Number of vacancies:16 (OBC-09, SC-05, & ST-02) Preference may
be given to male candidates, as concerned employees have to work in
substations in shift duties
Essential Qualifications: (i) Matriculation (with science) of a
recognized University/Board (ii) National Trade Certificate of ITI in
Electrician Trade (iii) One year‟s experience in the appropriate trade.
Pay Scale:4000-100-7100/- Group- 'C' Probation period: Two years
Age Limit: Not exceeding 30 years (Relaxation in upper age limit for
SC-05 years, ST-05 years and OBC-03 years and for Departmental
candidates-05 years)."
4. A reading of the aforesaid advertisement shows that what was
required was one year‟s experience certificate in appropriate trade i.e the
trade has to be of the Sub Station Attendant. When we see the experience
certificate dated 4.2.2007 given by a private employer to the petitioner, it
shows that the petitioner never had any experience of one year as a Sub
Station Attendant. This experience certificate submitted by the petitioner
reads as under:-
" SURINDER ELECTRICALS
CONTRACTORS & ENGINEERS
A-34, New Krishna Park, Near Dhouli Piao, Najafgarh Road, New
Delhi-110018
Ref. No.002016 Dated 4-2-07
TO WHOM SOEVER IT MAY CONCERN
This is to certify that Mr. Chander Dev S/o Shri Ram Sakal,
R/o A-2, Gali No.6, Raja Puri, Vishwas Park Extn., Uttam Nagar, New
Delhi-110059 has worked as a „WIREMAN' with our organization
from July 2004 to 31st Dec, 2006. During his period of service he was
regular and his work was satisfactory.
He bears good moral character. He has left his job for better future
prospects. We wish him a good luck for his future ventures.
For SURINDER ELECTRICALS
Auth. Signatory"
5. A reading of the aforesaid certificate shows that the petitioner
only had experience as Wireman and had no experience as Sub Station
Attendant. It may be noted that respondent No.1 is M/s. Delhi Transco
Limited which has various sub stations and therefore the requirement for the
post was one year experience as a Sub Station Attendant. The so-called
experience certificate submitted by the petitioner is quite clearly inadequate
for the requirement for the appointment to the post of Sub Station Attendant
and which is a specific requirement as per the subject advertisement.
6. In view of the the fact that the petitioner does not meet the
necessary requirement for the post of Sub Station Attendant, I need not go
into the aspect of condonation of delay of 22 days.
7. In view of the above, the writ petition is dismissed, leaving the
parties to bear their own costs.
VALMIKI J. MEHTA, J
JANUARY 15, 2013
Ne
