PRERNA Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) With consent of the parties, hearing of the matter was done through video conferencing and there was no complaint whatsoever regarding audio and visual quality.

(2.) Both these appeals arise out of common order dtd. 14/8/2018 passed in W.P.(S) No.1248 of 2010 and W.P.(S) No. 1269 of 2010 by invoking the jurisdiction conferred under Clause 10 of the Letters Patent whereby and whereunder the learned Single Judge has quashed and set aside the impugned orders (reverting the writ petitioners) with a direction to the respondents to issue fresh order of appointment on their promotional post, on which they were earlier promoted/decision was taken to promote, whichever is applicable.

(3.) The brief facts of the case which are required to be enumerated reads as under :- It requires to refer herein that L.P.A. No. 512 of 2018 has been preferred by the writ petitioners while L.P.A. No. 647 of 2018 has been preferred by the JUVNL. The writ petitioners were appointed on Class IV posts in Jharkhand State Electricity Board (hereinafter to be referred to as J.S.E.B.), now Jharkhand Urja Vikas Nigam Limited (hereinafter to be referred to as JUVNL). The JUVNL came out with a Standing Order No. No.812 dtd. 7/1/1999 providing therein the process of appointment on non-technical Class-III posts through internal advertisement. The JUVNL decided to fill up the vacant posts of non-technical Class-III post vide Resolution No.7305 dtd. 2/12/1998 against the sanctioned strength through internal advertisement in pursuance to the decision of the Apex Board and the percentage of vacancies in non-technical Class-III posts would be filled up by the departmental candidates through selection as shown against each post. The Director, Personnel, J.S.E.B. (now JUVNL) issued a letter being letter No.1341 dtd. 25/6/2008 for appointment on the post of Junior Accounts Clerk, Lower Division Assistant and Routine Clerks and other posts through internal process who are having the qualification of Matriculation and above; and minimum educational qualification for Junior Accounts Clerk and Lower Division Assistant is Graduate (Science/Arts/Commerce) and for Routine Clerk, it is Matriculation. It has further been stated that application from interested persons having requisite qualification should be forwarded to the office of Director, Personnel by 31/8/2008 in prescribed format enclosed with the letter. Subsequently, vide letter No.144 dtd. 19/1/2009 it has been notified that the candidates who have applied for Correspondence Clerk/Junior Accounts Clerk, if interested, they may also apply for appointment on the post of Lower Division Assistant. Thereafter, the writ petitioners, claiming themselves to be eligible, applied in prescribed format for the posts of Junior Accounts Clerk, Lower Division Assistant and Routine Clerk. In the examination they had appeared and after being declared successful in the result published on 15/2/2009, they were issued the Offer of Appointment and accordingly they joined on the respective posts at the place and started working but the J.S.E.B. cancelled the order of appointment vide order No. 860 dtd. 7/5/2009 whereby implementation of different orders by which the persons appointed on the post of Junior Accounts Clerk, Lower Division Assistant and Routine Clerks including the petitioners, without assigning any reason. The Association made due representation protesting against such decision of the Board/Nigam but to no effect and, therefore, the aggrieved appointees approached this Court by filing writ petitions being W.P.(S) Nos. 1248 of 2010 and 1269 of 2010. The respondents-appellants, JUVNL appeared and contested the case by filing counter affidavit taking the plea that '