SURYA NARAIN YADAV Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) These appeals are by special leave and two of these are by Junior Engineers while the other four are by Assistant Engineers working under the respondent Bihar State Electricity Board. In Sept. 1975, the Board advertised in local newspapers that selection of Electrical Engineers would be made under an "Employment Promotion Programme" and Engineers with 50 per cent marks in the degree examination would be eligible, for consideration. In due course, such selection was made and a group of Apprentice Engineers also called Trainee Engineers came to serve under the Board. These selected engineers had already completed their training for the purpose of obtaining the degree in engineering. The graduate trainees were called upon to report for a period of six months' training with effect from April 1, 1977. In March 1977, the Board had indicated that the training does not guarantee employment under the Board but in Aug. 1977, the Board resolved that 200 vacant posts of Junior Engineers would be filled on the basis of chain system and the existing trainees would be continued as trainees on existing stipends. As time elapsed and no appointments were made as represented by the Board, representaion was made by some of the trainee engineers pointing out that unless the Board's decision of Sept. 1977, was implemented without loss of time, some of them would become overaged for appointment under Government. Soon after the said representation, the Board extended deputation of the trainee engineers and indicated that the deputation to Thermal Power Stations under the Board would be of permanent nature. The 'Board published a notice on March 13, 1979, to the effect that a decision regarding regular employment of degree and diploma trainee engineers of the Board for the post of Assistant Electrical Engineers and Junior Electrical Engineers has been taken by the State Government and on completion of their training in Oct, 1979, regular appointment would be made. It was further pointed out therein that those trainees who had left training should join at the places of their respective posting latest by March 18,1979, failing which they would not be considered for regular appointments. As the Board did not give effect to its representations and decisions, the graduate engineers employed as Assistant Engineers or Junior Engineers started agitating for implementation of the Board's decisions from time to time. Ultimately, on March 8, 1979, at a high level meeting where the Speaker of the Legislative Assembly presided, the Chief Minister was present and among others participating in the meeting were the Commissioner of Irrigation and Electricity, the Chairman of the Board and the Secretary of Irrigation and Electricity, it was decided :

(2.) A few important aspects emerge from the record (1) the Board did represent to the trainee engineers from time to time that after their training was completed, they would be absorbed in regular employment of the Board; (2) when some of the engineers were getting age-barred for Government employment and had left the Board, they were told to come back under the temptation of getting permanently employed under the Board; (3) when the Board was reeling under a strike of its employees, these trainee engineers had stood by the Board to keep up the generation and distribution of electricity and had been assured of absorption; and (4) the Board had decided to absorb them on permanent basis but initially on a probation of two years without conducting any further examination.

(3.) On March 13, 1979, a notice was issued by the Board to the following effect :