Tapen Sen, J. - (1.) These 16 Writ Petitioners have joined together praying for the issuance of a Writ of Mandamus commanding upon the Respondents to follow the policy of reservation of posts for candidates belonging to the exempted category including ex-ITI passed candidates. They have also made a prayer that the Respondents should be directed to follow the notification of vacancies for the post of Trainee Junior Operating Assistants notified by letter dated 5-2-2001 and to offer appointment to them against such reserved vacancies of Trainee Junior Operating Assistants in the West Bengal State Electricity Board pursuant to the panel prepared on the basis of written tests and interview/personality test held on 9-12-2001. Their common grievance is that the Respondent West Bengal State Electricity Board has refused to offer appointment to them against 30% reservation meant for the exempted category candidates, including ex-ITI Trainees.
(2.) Let it be recorded that on 20-8-2004, the learned Counsel appearing for the Board had submitted that appointment of the selected candidates had already been given but during the pendency of the Writ Petition, the Board did not intend to initiate further recruitment process. Counsel for the Board had also clarified that during the pendency of the Writ Petition, no further appointment will be given to the posts against which the Petitioners have raised their claims. As a consequence, on the said date i.e., 20-8-2004 one of us (Hon'ble Mr. Justice Jayanta Kumar Biswas) had ordered that the appointments, so far given in connection with the recruitment process, shall abide by the result of the Writ Petition and that during the pendency thereof, the Respondents shall not initiate any further recruitment process to give any further appointment to the posts claimed by the Petitioners, without following the policy in terms whereof the ex-ITI Trainees claim entitlement to the benefits of reservation. It was also ordered that the said interim order shall continue till the disposal of the Writ Petition.
(3.) In the aforementioned background, the facts, as gathered from the pleadings are that on 17-10-1977, the Government of West Bengal, Department of Labour, issued a Circular/Executive instruction vide Annexure P1, circulating, inter alia, its decision regarding future recruitment in the State Government Undertakings, State Government Establishments, Quasi Government Establishments and Local Bodies.;