(1.) The petitioners have filed this writ application to direct the Bihar State Electricity Board (hereinafter referrad to as 'the Board') to implement the direction given by the State Government by its communication dated 18-7-1988 in purported exercise of the power under Section 78-A of the Indian Electricity (Supply) ACE, 1948 (hereinatter referred to as 'the Act'). By the aforesaid communication the Board has been directed to absorb the petitioners against the vacant posts of Junior Electrical Engineers.
(2.) The Board issued an advertisement dated 26-5-1983 inviting applications for appointments against 447 posts of Junior Electrical Engineers. The petitioners along with others made applications. On 22-10-1983 a competitive test was held. The result was published on 28-4-1984, in which 840 candidates including the petitioners were declared successful. After interview a panel of 790 candidates including the petitioners was prepared. Appointment letters were issaed to first 447 candidates. As no posts of Junior Electrical Engineers were available for remaining 343 candidates including the petitioners they could not be appointed. Later, they were appointed against the posts of Operator. In the decision to appoint these petitioners as Operators, as well as in their appointment Setters as Operators, it was specifically mentioned that at later stage they shall not claim that they be appointed against the posts of Junior Electrical Engineers.
(3.) However, later the petitioners made claim before the Board and the State Government that they should be absorbed against the vacant posts of Junior Electrical Engineers on the oasis; of the aforesaid merit list prepared in the year 1984,