AWADHESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners, who all claim themselves to be employees of what is known as Bihar Renewal Energy Development Agency (for brevity BREDA) are aggrieved by certain rules, which have been notified by them, which has serious consequences for them while they are in service or after their superannuation that too after having spent their entire life in the service of BREDA.

(2.) The Rules, whose quashing is sought by the petitioner, is contained in Annexure-6 and is known as the Bihar Renewal Energy Development Agency Service Rules, 2014. The attack is on rule 13 (iii) to (vi) which are the bone of contention in the present writ application.

(3.) Though BREDA is an organisation registered under the Societies Registration Act on 04.07.1987, the State of Bihar has a pervasive control over the working of the said society as Secretary, Energy Department has been made ex-officio Chairman and the Members or the Board of Directors of the said agency are all Government of Bihar functionaries. The memorandum and article of association, which has been annexed as Annexure-1, does indicate that the State of Bihar has all pervasive control over the said agency and, therefore, it is the stand of the learned Sr. Counsel for the petitioners that any Rule, notified by them and which affects the fundamental right of equality, guaranteed under the Constitution of India, be it Art. 14 or 16, can make such Rules vulnerable and liable for challenge.