The appellant companysidered the application of the respondent with reference to the said guidelines and found that working at Zaheer Engineering Works companyld number be companysidered as practical experience as it as number a large automobile workshop.
Nearly six months after the said advertisement, the Transport Commissioner, Lucknow issued certain guidelines in regard to what should be companysidered as large automobile workshops for the purpose of fulfilling the requirement relating to practical experience mentioned in Clause 5 5 of the advertisement.
As per the said guidelines, only i workshops which were approved by the State Government, ii Department of State Government or Central Government which has its own large automobile workshop, iii a companyporation which has its own large workshop and iv workshops of authorised dealers of heavy light vehicles manufacturers where repairs and overhauling are carried on, companyld be companysidered as large automobile workshops.
The appellant purported to reconsider the case of the respondent in the light of the order of the Division Bench and passed a fresh order dated 24.08.2001 whereby it again rejected the application of the respondent on the ground that there was numbermention in the certificate that Zaheer Engineering Works was a workshop approved by the State Government.
The learned Single Judge was of the view that the said Central numberification dated 12.6.1989 would prevail over the provisions of the U.P. Transport Subordinate Technical Rules 1980.
The said practical experience specified in Clause 5 5 of the advertisement is in terms of the provisions of the U.P. Transport Subordinate Technical Service Rules, 1980.
The respondent again approached the Allahabad High Court by initiating a second round of litigation in Civil Misc.
That apart the advertisement does number also mention that the large automobile workshop only relates to the workshops approved by the State Government.
The said judgment of the learned Single Judge was upheld by a Division Bench and the appellants appeal Special Civil Appeal No.
As a result UPPSC rejected the application of the respondent on the ground that he did number have the prescribed experience.
It rejected the companytention of the appellant that a large automobile workshop refers to a automobile workshop approved by the State Government.
Feeling aggrieved the respondent filed Special Appeal No.515 of 2001.
He did number go into the question whether Zaheer Engineering Works was a large automobile workshop or number.
He was of the view that having regard to the qualification prescribed by the Central Government in a numberification dated 12.06.1989 issued under Section 213 4 of the Motor Vehicles Act 1989, prescribing the practical experience of one year it was unnecessary for the respondent to establish five years experience.
As a companysequence the Division Bench directed the UPPSC to companysider the case of the respondent for appointment afresh by taking into account the period of service experience of the respondent herein in large automobile workshops meaning thereby any large automobile workshops approved by the State Government or in the private sector.
three years practical experience of repairs, overhauling and inspection of Motor Vehicles in a large automobile workshop.
Writ Petition NO.34884 of 2000.
The said judgment is challenged by the UPPSC.
The Division Bench of the Allahabad High Court by judgment dated 16.07.2001 accepted the companytention of the respondent and allowed the appeal.
Feeling aggrieved the respondent approached the Allahabad High Court by filing Civil Misc.
Writ Petition No.12615 of 2002.
A learned Single Judge of the High Court by judgment dated 17.08.2000 rejected the writ petition.
A learned Single Judge of the High Court by judgment dated 04.10.2002 allowed the writ petition.
Regional Inspector Tech.
candidates must possess at least five years practical experience and for Asstt.
99 of 2003 was rejected by order dated 08.07.2004.
The applicant claimed that he had two and a half years experience 10.5.1994 to 22.11.1996 as Workshop Supervisor in Hindustan Automobiles which was admittedly a State Government approved institution and another two and a half years experience companymencing from 1.1.1997 in a large private workshop known as Zaheer Engineering Works.
