ASHOK KUMAR MISHRA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioners, who are Electrical Operators of Bihar State Electricity Board in Patratu Thermal Power Station, preferred this writ application for their absorption to the post of Junior Electrical Engineer (General Cadre) fall vacant upto 31st March, 1992. Such claim have been made on the basis of a judgment and order dated 10th April, 1992 passed by the Apex Court in SLP (Civil) No. 3859 of 1991.

(2.) IT appears that in pursuance of an advertisement No. 1/83 dated 26th May, 1983 the petitioners and others applied for appointment to 447 posts of Junior Electrical Engineers. They were successful in the written test but after interview while number of successful candidates were appointed as Junior Electrical Engineers, those including the petitioners, being lowered in the merit list, were appointed against lower posts of Electrical operators. This gave rise to a writ petition C.W.J.C. No. 7348 of 1989 which was decided on 12th December, 1990. Against the said Judgment of the Patna High Court one Nirmal Kumar Sharma and Others, moved before the Apex Court in SLP (Civil) No. 7642 of 1991 which was dismissed by order dated 10th April 1992. However, the Apex Court taking into consideration that a number of posts fall vacant upto 31st March, 1992, director the Board to fill up those post in ratio of 75% and 25% by direct recruitment and absorption from amongst eligible employees respectively uncontemplated under Rule 7.

(3.) SO far as the petitioners are concerned, they having obtained lower marks were not provided with order of appointment. The marks obtained by one or other petitioner have also been shown at Para 11 of the counter affidavit.