- (1.) These appeals are by special leave and two of these are by Junior Engineers while the other four are by Assistant Engineers working under the respondent Bihar State Electricity Board. In Sept. 1975, the Board advertised in local newspapers that selection of Electrical Engineers would be made under an "Employment Promotion Programme" and Engineers with 50 per cent marks in the degree examination would be eligible, for consideration. In due course, such selection was made and a group of Apprentice Engineers also called Trainee Engineers came to serve under the Board. These selected engineers had already completed their training for the purpose of obtaining the degree in engineering. The graduate trainees were called upon to report for a period of six months' training with effect from April 1, 1977. In March 1977, the Board had indicated that the training does not guarantee employment under the Board but in Aug. 1977, the Board resolved that 200 vacant posts of Junior Engineers would be filled on the basis of chain system and the existing trainees would be continued as trainees on existing stipends. As time elapsed and no appointments were made as represented by the Board, representaion was made by some of the trainee engineers pointing out that unless the Board's decision of Sept. 1977, was implemented without loss of time, some of them would become overaged for appointment under Government. Soon after the said representation, the Board extended deputation of the trainee engineers and indicated that the deputation to Thermal Power Stations under the Board would be of permanent nature. The 'Board published a notice on March 13, 1979, to the effect that a decision regarding regular employment of degree and diploma trainee engineers of the Board for the post of Assistant Electrical Engineers and Junior Electrical Engineers has been taken by the State Government and on completion of their training in Oct, 1979, regular appointment would be made. It was further pointed out therein that those trainees who had left training should join at the places of their respective posting latest by March 18,1979, failing which they would not be considered for regular appointments. As the Board did not give effect to its representations and decisions, the graduate engineers employed as Assistant Engineers or Junior Engineers started agitating for implementation of the Board's decisions from time to time. Ultimately, on March 8, 1979, at a high level meeting where the Speaker of the Legislative Assembly presided, the Chief Minister was present and among others participating in the meeting were the Commissioner of Irrigation and Electricity, the Chairman of the Board and the Secretary of Irrigation and Electricity, it was decided : "After completion of one year's training (which is October 1979) as decided by the Board they will be appointed in the post of Assistant Electrical Engineer and Junior Electrical Engineer on 'provisional regular basis'. After appointment they will remain on probation for two years. During the probation period if their conduct is found satisfactory and on the availability of permanent posts and on the basis of inter se seniority in the cadre they shall be confirmed." "They will be appointed on regular basis after the completion of training period and examination as proposed vide office order No. 1548 dated 26-10-78 will not be taken." The Board communicated the aforesaid decision to the Project Managers and Thermal Power Stations of the Board, yet the decision was not implemented and the apprentice engineers continued to serve as Assistant Engineers and Junior Engineers on ex cadre basis, without security and stability of service. Some unemployed Engineers approached the High Court at Patna challenging the continuity of the trainee Engineers in the employment of the Board. The Board took the stand before the High Court that the trainee engineers belonged to a separate class and held ex cadre appointments as Assistant Engineers and Junior Engineers. The High Court took the view that their continuity on ex cadre basis was not open to challenge on the ground of non-compliance of Rules. In May, 1980, these writ petitions were dismissed Emboldened by the acceptance of their stand by the High Court, the Board started exhibiting a negative approach in its treatment towards the trainee engineers. Ultimately the appellants moved the High Court for a direction to the Board to encadre them but failed These appeals are directed against the decision of the High Court.
(2.) A few important aspects emerge from the record (1) the Board did represent to the trainee engineers from time to time that after their training was completed, they would be absorbed in regular employment of the Board; (2) when some of the engineers were getting age-barred for Government employment and had left the Board, they were told to come back under the temptation of getting permanently employed under the Board; (3) when the Board was reeling under a strike of its employees, these trainee engineers had stood by the Board to keep up the generation and distribution of electricity and had been assured of absorption; and (4) the Board had decided to absorb them on permanent basis but initially on a probation of two years without conducting any further examination.
(3.) On March 13, 1979, a notice was issued by the Board to the following effect : "A decision regarding regular employment of degree and diploma trainees of Bihar State Electricity Board in the posts of Assistant Electrical Engineer and Junior Electrical Engineer has been taken by the State Government. On completion of their training in October, 1979, their regular appointments will be made. Therefore, those trainees who have left their training are informed to join at the places of their respective postings latest by 18-3-1979. Those trainees who will not present themselves by the said date will be neither considered for being taken in training nor their regular appointments will be considered." On April 26, 1919, the Board approved the proposal contained in the proceedings of a meeting relating to absorption of the appellant engineers in which the Speaker of the Legislative Assembly presided and the Chief Minister, the Commissioner of Irrigation and Electricity, the Chairman of the Board and the Secretary of Irrigation and Electricity participated. The proceedings, inter alia, stated : "(1). It was decided that after completion of one year's training (which is October, 1979) as decided by the Board, they will be appointed in the posts of Assistant Electrical Engineers and Junior Electrical Engineers on provisional basis. After appointment, they will remain on probation for two years. During probation period if their conduct is found satisfactory and on the availability of permanent posts and on the basis of inter se seniority in the cadre, their appointments will be confirmed. (2) They will be appointed on regular basis after the completion of the training period and the examination proposed vide office order No. 1548 dated 26-10-1978 will not be taken. x x x x x (9). It is also decided that the benefit of regular appointment is being given to the trainees under special circumstances which will not be an example for the future and when either under the Apprenticeship Act or under any other scheme anyone is taken as apprentice, he will be discontinued after the period of apprenticeship. In any circumstance, neither period of apprenticeship will be extended nor will they have any claim for appointment under the Board.";