Apprentices under the Pragat Kushal Training scheme sought confirmation as Artisan Grade C employees. The High Court rejected the petition, holding that trainees were only provided training to prepare for future recruitment and were never appointed as regular Artisan Grade C employees.
Petition rejected with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP-919.13
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
WRIT PETITION NO.919 OF 2013
Gajanan s/o Arjun Gite and others
Petitioners
versus
The State of Maharashtra and ors.
Respondents
Mr. Sanjaykumar B. Chavan, Advocate for Petitioners
Mr. K.G. Patil, A.G.P. for Respondent No. 1
Mr. S.M. Godsay, Advocate for Resps. No. 2 to 4
CORAM : A. H. JOSHI AND
SUNIL P. DESHMUKH,JJ.
DATE : JULY 19, 2013
ORDER
1.The petitioners were appointed as apprentice
pursuant to scheme of Respondent Nos. 2 to 4 and
claimed confirmation of service as Artisan Grade C
under the category of project affected persons, as
they are duly qualified and completed requisite
training.
2.Respondents submit that pursuant to the
circular dated 7.6.2010, petitioners who were
affected by acquisition of their lands, were
provided with facility of training under the scheme
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WP-919.13
"Pragat Kushal Training", and were not appointed in
regular employment.
3.Respondents have in paragraph 6 of their
affidavit in reply, denied that the petitioners were
ever appointed as Artisan grade-C, stating as:-
"6. I say that, say of the petitioners that they were appointed as Artisan Grade-C is incorrect. Respondents denied the same. The petitioners were never appointed as Artisan Grade-C. They have been provided opportunity of training as "Pragat Kushal Training" on stipend of Rs.6,000/- per month. This was to enable them for employment whenever advertisement is issued. Such trainees were supposed to apply for recruitment as per the rules. The petitioners will have to apply in response to the advertisement No. 10(N)-2012 for the post of technician-III and they will have to undergo selection process as per the recruitment rules and as per conditions of advertisement i.e. written test and trade test.
As a matter of fact, these vacancies will be filled in, therefore advertisement was published by Mahagenco. "
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WP-919.13
4. Having regard to the contents of paragraph 6 of
the affidavit in reply and undisputed position that
the petitioners are apprentice having joined the
training under the scheme "Prakat Kushal Training",
we do not see any merit in the contention of the
petitioner.
5.Petition, as such, does not deserve any
consideration is accordingly rejected with no order
as to costs.
(SUNIL P. DESHMUKH, J.)(A. H. JOSHI, J.)
pnd
2 issues framed by the court
Whether petitioners appointed under Pragat Kushal Training scheme are entitled to confirmation as Artisan Grade C employees without regular recruitment.
Whether the Respondents' denial of appointment as Artisan Grade C deprives the Writ Petition of merit.
Gajanan s/o Arjun Gite and others
The State of Maharashtra and ors.
A. H. JOSHI
SUNIL P. DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court