BIHAR STATE ELECTRICITY BOARD Vs. SURESH PRASAD

JUDGEMENT

(1.) The short question which arises for determination in this appeal is :

(2.) By Employment Notice No. 3/86 advertisement was issued on 15th December, 1986 whereby 100 vacant posts of Operators and 70 vacant posts of Assistant Operators were notified for appointment. In the said advertisement the qualification prescribed for the post of operator was diploma in Electrical and Mechanical Engineering having at least 70% marks. A written test was held by the Bihar State Electricity Board for selection of candidates on 29-11-1987. The oral interviews were held on 27-28th August, 1988. Some Assistant Operators of Bihar State Electricity Board (Appellant herein) filed a writ petition in the High Court bearing CWJC No. 6352/88 challenging the proposed direct recruitment in the posts of Operators as country to the Standing Orders. This petition was admitted on 18-11-1989 but dismissed on 19-4-1991. However, during the pendency of the said writ petition a Committee was constituted by the appellant on 21-3-1991 to submit a report regarding adjustment to be made in the matter of appointment of Operators and Assistant Operators. On 30-1-1992, a report was submitted by the Committee suggesting that it was not possible to absorb Assistant Operators as Operators. Despite the said report a fresh advertisement was issued vide Employment Noice No. 6/92 on 25-11-1992 calling for applications from candidates to fill up 50 posts of Operators. In terms of the said advertisement dated 25-11-1992, the earlier advertisement dated 15-12-1986 was cancelled. The advertisement dated 25-11-1992 was challenged vide civil writ jurisdiction case No. 12820/92. By judgment and order dated 23-3-1994, the High Court came to the conclusion that the appellant should fill up 50% of the vacancies in the post of Operators from amongst the candidates who had applied pursuant to the advertisement dated 15-12-1986 and the remaining 50% of the existing vacancies in the post of Operators should be filled from candidates who had applied pursuant to the advertisement dated 25-11-1992. In the light of the above directions of the High Court the appellant-Electricity Board notified the selection of 22 candidates pursuant to advertisement No. 3/86 dated 15-12-1986 and 25 candidates against advertisement No. 6/92 dated 25-11-1992. However, out of 22 candidates selected for appointment vide advertisement No. 3/86 dated 15-12-1986 only 4 joined. Consequently 18 vacancies remained unfilled as candidates did not turn up. Consequently respondent Nos. 1 to 7 herein (employees) who had applied for appointment pursuant to advertisement notice No. 3/86 dated 15-12-1986 and who had qualified in the written test and oral interviews and who were on the merit list at serial No. 23 and downwards moved the High Court by way of CWJC Nos. 3732 and 9213/95 inter alia contending that since 18 out of 22 selected candidates did not join the said respondent Nos. 1 to 7 should be given appointment. This relief was granted by the High Court. Being aggrieved the Bihar State Electricity Board came by way of present appeal to this Court.

(3.) By judgment and order passed by the Division Bench of this Court the civil appeal filed by the Electricity Board was allowed and the impugned order of the High Court was set aside. Thereafter, review petition No. 1073 of 1999 was filed. By order dated 18-11-2000 the review petition was allowed and the order of the Division Bench of this Court dated 4-12-1999 was recalled. Consequently, the Civil Appeal No. 6084/98 has now come once again before this Court. ARGUMENTS :