- (1.) THIS order will decide 10 Civil Writ Petitions Nos. 4811/88 514/81,1558/1985, 593/1985, 768/1985, 1736/1984, 2995/1988, 1550/ 1988, 785/1985 and 107/1975, by a common judgment because in all of them a common question is involved as to whether Rajasthan State Electricity Board (hereinafter for short, referred to as "the Electricity Board") and the Rajasthan Housing Board, Jaipur (hereinafter, for short, "the Housing Board") can make appointments to various categories of posts in the respective Boards, by taking services of persons working under the State of Rajasthan on deputation to these Boards.
(2.) S. B. Civil Writ Petition No. 4811/1988 has been filed by the Rajasthan Thermal Engineering Association, Kota through its Joint Secretary, Shri R. K. Aeran It has been alleged that the Rajasthan Thermal Engineers' Association is an association of the Engineers working in the thermal units of the Rajasthan State Electricity Board, Kota. It is a Union registered under the Trade Unions Act and works for the welfare and betterment of the service conditions of Thermal Engineers working in the Rajasthan State Electricity Board. It has its constitution and by-laws and it had authorised its Joint Secretary Shri R. K. Aeran to file this writ petition by resolution Ex. 1. In exercise of the powers conferred by Sec. 79 of the Electricity (Supply) Act, 1949, the Electricity Board framed the Rajasthan State Service of Engineers (Recruitment, Promotion and Seniority etc) Regulations, 1969 (for short hereinafter "1968 Regulations"), which came into effect from 1. 10. 1970. They apply to every members of the Service and to the persons whose services were placed at the disposal of the Board. Initially, the members of this service constituted of persons specified in Regulation 5 of 1969 Regulations. The nature of posts included in each category of the Service has been specified in Column 2 of Schedule I attached to 1969 Regulations and the number of posts in each category was to be such as was to be determined by the Electricity Board from time to time. Regulation 7 deals with the sources of recruitment and it reads as unden: - "7". Source of recruitment:- Recruitment to the Service after the commencement of these regulations shall be made by either of the following methods: - (i) By direct recruitment, in accordance with Parts IV and V of these Regulations. (ii) By promotion of Junior Engineer Gr. I/junior Engineer Gr. II in accordance with Part-VI of these regulations in the proportion indicated in Column 4 of the Schedule-I; Provided that if the Board is satisfied that suitable persons are not available for appointment by either method of recruitment in a particular year, appointment by either method in relaxation of the prescribed proportion may be made in the same manner as prescribed in these regulations. " Schedule I appended to the Regulations specifies various categories of posts like Assistant Engineer (Civil), Assistant Engineer (Tele-communication), Assistant Engineer (Mechanical), and Assistant Engineer (Electrical) including Assistant Controller of Stores. These are the junior posts included in the Service. So far as the senior posts are concerned, there are pasts of Executive Engineer (Civil), Executive Engineer (Tele-communication), Executive Engineer (including Deputy Controller of Stores), Superintending Engineer, including Controller of Stores, Superintending Engineer, Addl. Chief Engineer and Chief Engineer. Column 4 of Schedule-specifies method of recruitment along with ratio where more than one method of recruitment is provided for. Column 6 specifies qualifications and experience, where appointment to a post is to be made by promotion and under Column 7 is specified qualification and experience required for direct recruitment. Regulation 7, as reproduced above, mentions two sources of recruitment i. e. by direct recruitment and by promotion with the proviso that if the Board is satisfied that suitable persons are not available for appointment by either method of recruitment, in a particular year, appointment by other method in relaxation of the prescribed proportion may be made in the same manner as prescribed in the Regulations. Part [v and V of the Regulations deal with direct recruitment, qualification and other conditions and procedure for direct recruitment. Part VI of the Regulations deals with qualification and procedure for recruitment to the Service by promotion. Part VII specially deals with qualifications and procedure for appointment to senior posts. According to the petitioner, there is no provision in the 1969 Regulations for deputation of a Rajasthan Government employees to various categories of posts included in the Service. The petitioner has enclosed with his writ petition the seniority lists issued from time to time by the Electricity Board of various categories of posts. The petitioner has also enclosed a statement of deputationists working in the Electricity Board from other departments as Schedule B. It is asserted that the Engineers from various Government Departments are brought by way of deputation so as to occupy various posts in the Electricity Board as well as in other autonomous Bodies and Corporations in the State of Rajasthan. It has detailed five writ petitioners agitating the same very point pending in this Court in para 14 of the petition. According to it, while this matter was being agitated in this Court, Cabinet memos were submitted by the concerned Department and the Government of Rajasthan in Public Works Department had issued a letter dated March 25, 1985 (Anx. 13) to the Chairman and Managing Director of the various autonomous bodies, Boards, and statutory Corporations, including with it Cabinet orders of the Council of Ministers and had told them that the directions of the Cabinet as contained in the cabinet memo may be complied with. A meeting was also convened on August 1, 1988 under the Chairmanship of the Chief Secretary and after discussions, decisions were taken that all the Corporations, autonomous bodies and non-Engineering Departments should implement the decision of the Cabinet strictly. Small group was to be formed to see the possibility of integration of the Engineering Service; The Engineering Department should take prior consent of the Corporation/autonomous bodies before sending officers on deputation and should not withdraw the officers in mid-session and withdrawal should be done with the consent of the Corporation. The petitioner Association has prayed that the orders of the Cabinet Exs. 10 to 13 may be declared as void and as inconsistent with the 1969 Regulations and the Electricity Board may be directed to convene the meeting of the Departmental Promotion Committee for various posts specified in Schedule I to 1969 Regulations on year-wise basis against all the posts, and the officers brought on deputation from the Government Departments may be directed to be sent back to their parent departments. Reply to the writ petition has been filed by the State of Rajasthan as well as by the Rajasthan State Electricity Board. According to the stand taken by the Government of Rajasthan, the Electricity Board has its own discretion to fill the posts of Engineering personnels from other departments when eligible and suitable persons are not available with it and so far as the posts of Superintending Engineer, Addl. Chief Engineer and Chief Engineer (Civil) are concerned, the posts can be filled by any method of recruitment because these posts are not encadered in the Service Constituted by 1969 Regulations. With regard to Cabinet memo and orders, it is also stated that they are with respect to posts which are not encadered in the Service by the said Regulations. It has also been pleaded that the petitioner has not produced its constitution and bye-laws and in the absence of that, it cannot claim that it represents all Thermal Engineers. The Electricity Board has not said that so far as the appointment to the posts of Superintending Engineer, Deputy Chief Engineer, Addl. Chief Engineer and Chief Engineer are concerned, 1969 Regulations cover the case of Electrical and Mechanical Engineers and so far as Civil Engineering side is concerned, the appointments are made by the Electricity Board taking into consideration its requirements and need. It is also said that the interests of Electricity Board are best subserved by having the freedom to appoint persons on the above posts on the civil side who were best suited for the job as they possess specialised knowledge and experience required for the post. It has relied on proviso to Regulation 7 of 1969 Regulations.
(3.) APART from Thermal Association, the Rajasthan State Electricity Board Officers Association has also filed Civil Writ Petition No. 1558/1985. In this writ petition, it has been prayed that no appointment to any of the posts covered by the Rajasthan State Electricity Board Officers (Recruitment, Promotion and Seniority) Regulations, 1974 can be made by deputation and even with regard to the posts of Financial Advisor, Controller of Accounts and Chief Internal Auditor/controller of Accounts, no appointment on deputation can be made without recording a finding that no officer in the Electricity Board for the above posts was available for promotion. Reliance has been placed upon Sec. 15 of the Electricity (Supply) Act, 1948 and it is stated that the State Government has no jurisdiction to make any appointment by way of deputation or otherwise on any of the posts included in the Schedule appended to 1974 Regulations. It is stated, in relation to the posts of Financial Advisor and Controller of Accounts that it is only when a person in the Board is not suitable for promotion to the said post, then only resort can be made to direct recruitment of deputation. The other sets of writ petitions concern the appointment and promotions in the Rajasthan Housing Board, Jaipur. Civil Writ Petition No 514/1981 submitted by Tara Chand Mittal is against the State of Rajasthan and one Shri K. K. Bagda, Assistant Engineer. Petitioner Tara Chand Mittal is a degree holder in Civil Engineering. Initially, he was appointed as Junior Site Engineer by the Housing Board by its order dated 9. 02. 1973 and later on his selection as Site Engineer was conferment on the said post. According to him, the post of Resident Engineer in the Rajasthan Housing Board is equivalent to the post of Executive Engineer in various Engineering Departments of the State of Rajasthan. According to the Rajasthan Housing Board Employees Conditions of Recruitment and Promotion Regulations, 1976 (hereinafter for short, "the 1976 Regulations"), which were framed under sec. 53 of the Rajasthan Housing Board Act, 1970 (for short, hereinafter "1970 Act"), the source of recruitment for the post of Resident Engineer is by 100%, from amongst the Site Engineers. The minimum experience and qualification for promotion specified is degree holder for 5 years' experience on the post of Site Engineer/structural Engineer. The note appended below the relevant entry states that where suitable candidates are not available either by direct recruitment or by promotion, the Board will be free to take suitable officers on deputation. The petitioner asserts that he was eligible for promotion to the post of Resident Engineer. However, in view of the various cabinet memos and orders of the Government, the posts had been filled in by deputation of officers from various departments of the government. The petitioner states that persons cannot be taken on deputation in the Housing Board on the higher engineering post unless and until it was found that suitable persons were not available either by direct recruitment or by promotion. The petitioner has, therefore, prayed for an appropriate writ, order or direction. S. B. Civil Writ Petitions No. 593/1985 and 107/1985 are more or less on the same lines as the Writ Petition No. 514/1-81 filed by Tara Chand Mittal. S. B. Civil Writ Petition No. 768/1985 has been filed by the Rajasthan Housing Board Officer (Technical) Association through its President Shri S. N. Dall. In this writ petition, the petitioner has challenged the validity of certain cabinet memos and cabinet order, and further prayed for restraining the Rajasthan Housing Board from appointing Engineers from the Government Departments on deputation in the Rajasthan an Housing Board unless and until a finding is recorded that suitable persons are not available for appointment by direct recruitment or by promotion. Similarly Writ, Petitions Nos. 1550/1988, 2995/ 1988 and 785/1985 are also more or less on the same lines. ;