RAJASTHAN THERMAL ASSOCIATION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order will decide 10 Civil Writ Petitions Nos. 4811/88 514/81,1558/1985, 593/1985, 768/1985, 1736/1984, 2995/1988, 1550/ 1988, 785/1985 and 107/1975, by a common judgment because in all of them a common question is involved as to whether Rajasthan State Electricity Board (hereinafter for short, referred to as "the Electricity Board") and the Rajasthan Housing Board, Jaipur (hereinafter, for short, "the Housing Board") can make appointments to various categories of posts in the respective Boards, by taking services of persons working under the State of Rajasthan on deputation to these Boards.

(2.) S. B. Civil Writ Petition No. 4811/1988 has been filed by the Rajasthan Thermal Engineering Association, Kota through its Joint Secretary, Shri R. K. Aeran It has been alleged that the Rajasthan Thermal Engineers' Association is an association of the Engineers working in the thermal units of the Rajasthan State Electricity Board, Kota. It is a Union registered under the Trade Unions Act and works for the welfare and betterment of the service conditions of Thermal Engineers working in the Rajasthan State Electricity Board. It has its constitution and by-laws and it had authorised its Joint Secretary Shri R. K. Aeran to file this writ petition by resolution Ex. 1. In exercise of the powers conferred by Sec. 79 of the Electricity (Supply) Act, 1949, the Electricity Board framed the Rajasthan State Service of Engineers (Recruitment, Promotion and Seniority etc) Regulations, 1969 (for short hereinafter "1968 Regulations"), which came into effect from 1. 10. 1970. They apply to every members of the Service and to the persons whose services were placed at the disposal of the Board. Initially, the members of this service constituted of persons specified in Regulation 5 of 1969 Regulations. The nature of posts included in each category of the Service has been specified in Column 2 of Schedule I attached to 1969 Regulations and the number of posts in each category was to be such as was to be determined by the Electricity Board from time to time. Regulation 7 deals with the sources of recruitment and it reads as unden: - "7". Source of recruitment:- Recruitment to the Service after the commencement of these regulations shall be made by either of the following methods: - (i) By direct recruitment, in accordance with Parts IV and V of these Regulations. (ii) By promotion of Junior Engineer Gr. I/junior Engineer Gr. II in accordance with Part-VI of these regulations in the proportion indicated in Column 4 of the Schedule-I; Provided that if the Board is satisfied that suitable persons are not available for appointment by either method of recruitment in a particular year, appointment by either method in relaxation of the prescribed proportion may be made in the same manner as prescribed in these regulations. "

(3.) APART from Thermal Association, the Rajasthan State Electricity Board Officers Association has also filed Civil Writ Petition No. 1558/1985. In this writ petition, it has been prayed that no appointment to any of the posts covered by the Rajasthan State Electricity Board Officers (Recruitment, Promotion and Seniority) Regulations, 1974 can be made by deputation and even with regard to the posts of Financial Advisor, Controller of Accounts and Chief Internal Auditor/controller of Accounts, no appointment on deputation can be made without recording a finding that no officer in the Electricity Board for the above posts was available for promotion. Reliance has been placed upon Sec. 15 of the Electricity (Supply) Act, 1948 and it is stated that the State Government has no jurisdiction to make any appointment by way of deputation or otherwise on any of the posts included in the Schedule appended to 1974 Regulations. It is stated, in relation to the posts of Financial Advisor and Controller of Accounts that it is only when a person in the Board is not suitable for promotion to the said post, then only resort can be made to direct recruitment of deputation.