DINESH PRASAD SINHA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS writ petition has been preferred by the above two petitioners for a direction on the respondents to modify the final gradation list of Assistant Executive Engineers, issued on 9th October, 1999, wherein, these petitioners have been shown at serial Nos. 173 and 174 respectively. According to the petitioners, they should have been placed at serial Nos. 105 (petitioner No. 1) and at serial No. 5 (petitioner No. 2) in the final gradation list dated 9th October, 1999. Their grievance is that the respondents have treated those, placed above them, as a separate group of Assistant Executive Engineers, in gross violation of Clause (2) of Notification No. 1449 dated 14th August, 1986

(2.) THE petitioners were initially appointed as Junior Accounts Clerks in May, 1972 under the then Bihar State Electricity Board (hereinafter to be referred as the 'B.S.E.B'). While in service, they passed the Degree in Engineering Examination; 1st petitioner passed B.Sc.(Mechanical) Engineering in the year, 1975 whereas 2nd petitioner passed B.Sc. (Mechanical) Engineering In the year, 1979. By Memo No. 420 dated 19th March, 1978 the 1st petitioner was appointed as Junior Engineer (Electrical) against a temporary post in B.S.E.B. In March, 1978 2nd petitioner was also appointed as Junior Engineer (Electrical) against a temporary post under the B.S.E.B. in pursuance of Employment Notice No. 3 of 1977.

(3.) THE Trainee Graduate Engineers, 170 in number, who were appointed as Assistant Executive Engineers (Ex. Cadre) vide Notification No. 1258 dated 29th May, 1980, were not regularized the services of the Board, treating thesis as a separate class. The matter moved up to the Supreme Court, In the case of Surya Narainn Yadav v. B.S.E. Board, reported in : AIR1985SC941 , the Supreme Court decided the case in their favour and held as follows: