M.S. THAKUR Vs. SATLUJ JAL VIDYUT NIGAM

JUDGEMENT

(1.) THE complaint is that the petitioners, who are Senior Executive Engineers and presently being on deputation as Technical Executive at E -6 level with Satluj Jal Vidyut Nigam, the 1st respondent, have not been absorbed on the establishment of the said respondent at E -7A level irrespective of being eligible as per the recruitment rules, hence the present writ petition with the following prayer(s):

(2.) ALTHOUGH the erstwhile Nathpa Jhakri Power Corporation had to set up its own organization for execution of the project, yet in terms of clause 3.1 of the agreement, the services of 2870 personnel in different ranks had to be taken over by the Corporation from the 3rd respondent -Board. Similar agreements Annexures P -6, P -7 and P -8 like the one Annexure P -5 came to be executed between the Government of Himachal Pradesh and respondent No. 1 -Nigam in respect of execution of Rampur Hydro Electric Project in District Shimla, Dhaulasidh Hydro Electric Project in District Hamirpur and Luhri Hydro Electric Project in villages Neerath and Chaba in Shimla, Mandi and Kullu Districts, respectively. The Petitioners thus served the Corporation and thereafter respondent No. 1 -Nigam on secondment basis and in the meanwhile were promoted as Senior Executive Engineers also.

(3.) AS per the seniority list, as it stood on 31.10.2011 and circulated by respondent No. 3 -Board on 10.1.2012, vide circular letter Annexure P -1, the petitioners are at Sr. No. 19, 32, 40 and 47 respectively. They are thus Senior Executive Engineers in rank in the 3rd respondent -Board.