A recent court case has settled a dispute regarding experience criteria for an engineering position at NTPC, India's largest power generation company. The case highlights the importance of clear communication in job postings and the value of probationary periods.

The Case:

The case involved an individual who applied for the position of Engineer (E-2 grade) at NTPC for their Thermal Power Plant operations. The advertised requirement stipulated a minimum of 3 years of post-qualification experience, excluding the training period. The applicant possessed over 2 years and 10 months of experience as an Assistant Engineer followed by additional experience at Bharat Electronics Ltd. (BEL).

The Dispute:

NTPC initially disqualified the applicant due to not meeting the 3-year experience threshold. Their reasoning excluded the applicant's probation period from their total experience calculation. The applicant challenged this decision, arguing that the advertisement did not explicitly exclude probation and that their experience certificate confirmed their qualifications.

Court's Ruling:

The High Court Division Bench sided with the applicant. The court acknowledged that the advertisement was unclear on whether the probation period counted towards experience. Additionally, they emphasized that the applicant held a non-apprentice position during their probation, receiving a regular salary. The court concluded that this period constituted valid work experience.

The Outcome:

NTPC's appeal against the decision was dismissed. The court's ruling affirms that the applicant's experience, including the probation period, satisfied the job requirements. As a result, the applicant is eligible for the position with the same starting date as others in their batch.

Key Takeaways:

This case serves as a reminder for both employers and job seekers:

• Employers: Job postings should clearly define any exclusions to experience criteria, such as training or probation periods.
• Job Seekers: Carefully review job postings and ensure your experience aligns with the requirements. If unsure, reach out to the employer for clarification.

This case also highlights the value of probationary periods. While intended for evaluation, probation demonstrates an individual's ability to perform the job and can be considered valid work experience.