ACHHAR RAM Vs. H P S E B

JUDGEMENT

(1.) Petitioner allegedly belongs to Scheduled Caste open category and had obtained three years diploma in Electrical Engineering from Himachal Pradesh Takniki Shiksha Board. He was duly registered with Employment Exchange Ghumarwin, District Bilaspur and his registration had been renewed from time to time. The names of the persons were called for the post of Junior Engineer Electrical by the Himachal Pradesh State Electricity Board through Employment Exchange Ghumarwin, District Bilaspur also. The name of the petitioner was not sponsored by the Employment Exchange. The case of the Employment Exchange was that they had sponsored the name, but the case of the H.P.S.E.B. was that name of the petitioner was not received by them and accordingly, they appointed other persons against the post of Junior Engineers and the case of the petitioner was not considered. The case of the respondents was that they had advertised that whosoever had applied for the post of Junior Engineer(s) and has not been called for interview can appear before the Board.

(2.) The petitioner was aggrieved by not giving the employment to him due to fault of the Employment Exchange or non- receipt of the application by the H.P.S.E.B. He filed the petition under Article 226 of the Constitution of India, claiming that he was entitled to be appointed to the post of Junior Engineer Electrical. The petitioner has pursued his case for the last more than one year. The H.P.S.E.B. was asked to consider the case of the petitioner at this stage and to provide him appointment as Junior Engineer Electrical under the Recruitment and Promotion Rules. An affidavit has been filed by the respondent Board stating there in that posts of Junior Engineers(E) are lying vacant and the petitioner's name can be considered and he can be offered employment under the existing rules under which he is only entitled to be appointed on contract basis. The petitioner has no objection to the employment being given accordingly. Thus, the writ petition is allowed and the petitioner shall be given appointment as Junior Engineer (Electrical) on the basis of the Recruitment and Promotion Rules presently in existence on contract basis. Appointment shall be given to the petitioner within two months from today. In view of this fact that the respondents have agreed to give employment, the petitioner does not pray for any other reliefs except as allowed by this Court.

(3.) In view of the above, the writ petition stands disposed of accordingly.