- (1.) By means of this writ petition, the petitioner seeks a writ of mandamus commanding the respondents to appoint him on one of the posts of Junior Engineer (Thermal), in pursuance of the selection held on basis of advertisement dated 19/10/1992 and a writ of certiorari quashing the order dated 28/10/2010, passed by the General Manager, Thermal Plant-B Anpara, District Sonbhadra, respondent no.3, rejecting the claim of the petitioner for appointment on the post aforesaid, on the ground that the petitioner does not possess three years experience of having worked in a project of minimum generating capacity of 200 MW, which is essential for appointment to the said post.
(2.) Briefly stated, the facts giving rise to the instant writ petition are that an advertisement was published in the news paper Dainik Jagran dated 19/10/1992 for appointment on 93 posts of Supervisor (Thermal) at Anpara-B, Thermal Project, Anpara, Sonbhadra. The petitioner made application on 1/11/1993 pursuant to the said advertisement and was called for interview held on 30/6/1994. The selection and appointment to these posts was subject matter of consideration in special appeal no.139 of 2001 Ashok Kumar Singh vs. State of U.P. and others decided on 21/4/2008. Therein, it was held that if any person, lower in merit than the petitioner of that case, has been appointed, then he also becomes entitled for being given appointment. It appears that one Sudhir Kumar, who secured 53% marks was offered appointment as Junior Engineer (Thermal), while the petitioner herein, who had secured 59% marks was denied the appointment. He therefore, placing reliance on the Division Bench Judgement of this Court in Special Appeal No.139 of 2001 approached this Court by way of writ petition no.31961 of 2000. In the said writ petition, the respondents came up with the case that there is division of posts in 4 streams viz, Electrical, Mechanical, Electronics and Instrumentation. The petitioner had applied as Junior Engineer (Electrical), while Sudhir Kumar who had obtained 53% marks was appointed as Junior Engineer (Mechanical). It was contended that no candidate has been appointed as Junior Engineer (Electrical) having less than 60% marks. However, the aforesaid stand of the respondents was repelled by this Court in its judgement dated 15/2/2010 on the ground that the advertisement does not make any bifurcation between the posts of Junior Engineer (Mechanical) and Junior Engineer (Electrical) and accordingly, direction was given to provide appointment to the petitioner. Aggrieved by the said order, U.P. Rajya Vidyut Uptandan Nigam Ltd. carried the matter in special appeal no. 501 of 2010, in which this Court held that though there is division of posts between four different streams but for the additional reasons as recorded therein, the judgement of the Writ-Court was upheld with the modification that the case of the petitioner shall be considered by the respondents subject to fulfilment of the condition regarding experience required for appointment on the said post. Such liberty was given to the respondents in view of their contention before the Special Appellate Court that the petitioner does not possess three years requisite experience. Pursuant to the said judgment, the impugned order has been passed by the respondent no.3 on 28/10/2010 holding that the petitioner does not possess three years requisite experience and is thus not entitled for appointment on the post of Junior Engineer (Thermal) (Electrical); aggrieved thereby, the present writ petition has been filed.
(3.) Parties have exchanged their affidavits and they stated that they do not intend to file any further affidavits. With their consent, this writ petition was heard and is being decided finally, as per Rules of the Court.;