B.S.Chauhan, J. - (1.) This case arises out of a claim of the petitioners for their appointment as Junior Engineers and on respective posts of operating staff commensurate to the trades in which they claim themselves to be trained apprentices under the provisions of the Uttar Pradesh State Electricity Board Subordinate Electrical and Mechanical Engineering Service Regulations, 1972 (hereinafter called the 'Regulations 1972'). This petition had been decided earlier by a Division Bench judgment of this Court, where after the petitioners went up to the Supreme Court as a result whereof the judgment of this Court was set aside on 14th March, 2001 and the Hon'ble Apex Court has remanded the matter under the aforesaid judgment to this Court for deciding the case in accordance with the recruitment Rules which are applicable to the controversy. The Hon'ble Apex Court, while remanding the matter to this Court has, however, upheld and approved the ratio of the Full Bench decision of this Court in the case of Arvind Gautam v. State of U.P. and Ors. 1999 (2) UPLBEC 1397. The said Full Bench judgment also stood approved by the Apex Court in the case of U.P. Rajya Vidyut Parishad Apprentice Welfare Association and Anr. v. State of U.P. and Ors. (2000) 5 SCC 438.
(2.) The petitioners no. 1 and 2 claim that they had completed their training of Junior Engineer Apprentice and the petitioners No. 3 to 34 claim that they had completed their training as Operating Staff Apprentice while engaged with the Uttar Pradesh State Electricity Board, which now stands transformed to the Uttar Pradesh Power Corporation Limited. Upon completion of their training, the respondent Electricity Department did not enter into any contract of employment with the petitioners who were claiming appointment as being qualified under Section 2 of the Apprentices Act, 1961 (hereinafter called the Act 1961'). The Electricity Department issued an advertisement on 17.10.1998 inviting applications for filling up the vacancies of Junior Engineers, Sub-Station Officers, Pitters, Draftsman Mechanical, Machinists, Lineman, Plumbers, Instrument Mechanic, Wireman, Diesel Mechanic, Boiler Operators, Electricians and other posts.
(3.) The petitioners, who were claiming preference by way of direct appointment having received training as apprentice, instituted the present writ petition after publication of the aforesaid advertisement praying principally for the following relief:issue a writ, order or direction in the nature of mandamus directing the respondents to consider the appointment of the candidates on the respective posts and in which they are trained apprentices giving the preference, ignoring the age bar and giving them preference over the candidates who are not trained apprentices.;