LAWS(JHAR)-2010-5-195

SHAILESH KUMAR SINGH Vs. JHARKHAND STATE ELECTRICITY BOARD

Decided On May 21, 2010
SHAILESH KUMAR SINGH Appellant
V/S
JHARKHAND STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioner's surviving grievance in this writ application is that despite the fact that pursuant to the cadre division and allotment of the services of the petitioner to the Jharkhand State Electricity Board purportedly as per Annexure-3, the Jharkhand State Electricity Board has refused to accept the joining of the petitioner.

(3.) As per the counter affidavit of the respondent Jharkhand State Electricity Board, the stand taken is that notwithstanding the cadre bifurcation order (Annexure-3), the petitioner cannot be deemed to be an employee of the Jharkhand State Electricity Board in view of the fact that admittedly, on the date of cadre bifurcation, the petitioner was not under the services of the Bihar State Electricity Board and neither that of the Jharkhand State Electricity Board. Rather, the petitioner though originally employed under the Bihar State Electricity Boar, his services were placed on deputation in the Building Construction Department and therefore, the Bihar State Electricity Board ought to have recalled the services of the petitioner under it and thereafter apply the benefit of the cadre bifurcation of the petitioner so as to enable the Jharkhand State Electricity Board to accept his services.