1991 INSC 0264
                                                    Ashish Mathur

                                                           Vs

                                 Oil And Natural Gas Commission and Others

                                          Civil Appeal No. 2443 of 1991

                                      (Dr. T. K. Thommen, R. M. Sahai JJ)

                                                      07.05.1991

                                                        ORDER

1. Leave granted. Application to implead is allowed.

2. In the light of the judgment of the Gujarat High Court which is now impugned, and subsequent
orders made by the Central Government, it is stated on behalf of the Union of India and the ONGC
that the Scheme has been discontinued for the future.

3. However, the appellant who has undergone training according to the Scheme legitimately expects
that he would be absorbed by the ONGC. The Scheme was started pursuant to a decision to give
training to the wards of the employees of the ONGC and, if found fit, to offer them appointment in
the Commission. It was the clear understanding of all concerned that the trainees would be
appointed if they were found fit in accordance with the Rules then in force.

4. We make it clear that, although the Scheme has been discontinued for the future, the Scheme
existed at the relevant time and it was pursuant to and in terms of the Scheme that the appellant had
undergone his training. He had at all material times a legitimate expectation to be appointed, if
found fit for appointment. It is also in the public interest that the ONGC does not waste the talents
of trainees like the appellant if they are fit for appointment.

5. In the circumstances, we direct the respondent-ONGC to consider the appellant for appointment
according to the Rules which prevailed at the time of his training. The appeal is allowed in the
above terms.

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