MAHENDRA SINGH Vs. ENERGY EFFICIENCY SERVICES LTD

JUDGEMENT

(1.) Short issue involved in the present petition is whether Energy Efficiency Services Ltd. (EESL)/ Respondent No.1 is entitled to issue fresh advertisement and conduct interviews for the regular posts against which the Petitioners have been appointed earlier and were awaiting absorption and regularization.

(2.) Present petition has been filed by 64 Junior and Middle Level Executive and Non-Executive Fixed Tenure employees of EESL, a joint venture of 4 Public Sector Undertakings i.e. NTPC Ltd., PFC, REC and Power Grid under the Ministry of Power, seeking quashing of the advertisement dated 15.10.2019.

(3.) Respondent No.1 from time to time has been notifying for conduct of interviews for regularization of fixed tenure employees. The Petitioners joined Respondent No.1 as fixed term employees on various dates between 2015 and 2018, the details of which have been elaborated in a tabular form in the writ petition. The interviews for regularization of the Petitioners, as averred in the petition, were scheduled between 24th to 26th June, 2019. The said regularization/absorption process, was in accordance with Clause 9.3 of the Recruitment Policy and Procedure. Para 9.3 reads as under :- "9.3 In addition to the above, induction of executive and specialist non-executive personnel may be made as deemed necessary and appropriate by the authority competent to create the posts from one or more of the following sources: (a) Deputation from Central / State Government / Electricity Boards and Public Sector Organisations where suitable personnel on terms offered by the Company may not be available at the right time from other sources and where the time and cost involved in processing recruitments through open advertisements may not be justified in view of the number or nature of posts to be filled. (b) Campus interview and recruitment in the level of El grade or below and the post of Executive Trainees/Supervisor trainees from reputed Engineering/Management/Polytechnic institutions, may also be resorted to. Colleges should be selected on Region-wide basis on specific criteria advertised on open press advertisement. List of such colleges from which Campus recruitment is proposed, shall have to be approved by the Chairman with information to the Board of Directors. (c) Through absorption of Fixed Tenure Employees in regular scales, when they have completed minimum one year of service in EESL, provided their performance has been satisfactory and their PMS score is not less than Excellent or equivalent. However, they shall have to meet the minimum eligibility criteria as described under Schedule II. They shall have to appear for interview before duly constituted committee and score more than 75% marks. In case the concerned Fixed Tenure Employees do not fulfil the post experience criteria, they can be fitted into appropriate lower Pay scale/Grade. All such absorptions shall be made at the start of the scale. Such Fixed Tenure employees who fail to qualify to be absorbed may continue to be on the same position for the balance period of the tenure on the recommendation by the Appointing authority, after which his/her services will terminate. In special cases, based on exigencies of work, the Fixed Tenure employees tenure may be extended further based on approval by Managing Director for not more than two years and with the approval of Chairman for not more than three years. Notwithstanding the above, Board of Directors shall be intimated of such absorptions. Such absorption should not be a rule and shall be done only in exceptional circumstances, subject to proper business justification. (d) Through absorption of manpower, employed by Outsourcing agencies and deployed in EESL for more than two years, based on exigencies of work and requirement of skilled and experienced manpower. All such absorptions would be done at positions below Supervisory levels (S4 or below) on fixed tenure basis based on written examination and/or interview. Such positions shall be circulated internally and written exam, GD/interview shall be conducted. Only such candidates who meet the specified standards would be considered for absorption. Notwithstanding the above, no such absorption of Outsourced Employees into Fixed Tenure Pay scales of the company, shall be done without the prior intimation to the Board of Directors. Such absorption should not be a rule and shall be done only in exceptional circumstances, subject to proper business justification."