- (1.) THE petitioner J.S. Bhati has filed this writ petition on 11.8.1998 seeking appointment on the post of Assistant Personnel Officer in respondent ­ Jodhpur Vidhyut Vitran Nigam Limited in pursuance of merit list prepared upon written test as well as interview held for such candidates vide Annex.1 of the year 1985 in which the name of petitioner figures at serial No.25.
(2.) THERE were 19 vacancies of the said post of APO in the year 1985 and 4 more posts in the said cadre were notified in the year 1995 after 10 years. Against initial 19 posts, person at serial No.18 K.L. Bachani did not join on the said post in pursuance of offer of appointment given to the said person according to merit and therefore, the persons at serial No.19 Mr. A.S. Chauhan was offered the said appointment and one reserve category candidate at serial No.34 Mr. C.R. Bakolia was also appointed. In this list of persons, four persons, namely, serial No.20 R.L. Sharma, serial No.23 J.R.Choudhary, serial No.24 R.K. Avasthi and serial No.28 Mr. K.B. Mathur preferred a writ petition before this Court in the year 1992, namely, SBCWP No.2217/1992 - Ramjilal Sharma and ors. V/s RSEB and against the four vacancies for the year 1995 notified later on, these four litigants whose writ petition was pending were offered such appointment on the post of Assistant Personnel Officer against these 4 vacancies of the year 1995. The present petitioner Mr. J.S. Bhati raised his grievance before the Settlement Committee constituted by the respondent ­ Board and upon considering his case along with five other persons, the Settlement Committee rejected the claim of the present petitioner and others vide order dtd.17.7.1995 (Annex.5). An appeal was also preferred before the Appellate Committee, which too rejected their claim for appointment on the post of APO vide order dtd.3.4.1998 (Annex.7). Being aggrieved by the same, the petitioner has preferred this writ petition before this Court on 11.8.1998.
(3.) MR . Sanjay Mathur, learned counsel appearing for the petitioner submitted that since in the merit list, Sh. K.B. Mathur (serial No.28) was below in merit than the present petitioner (S.No.25), Mr.K.B. Mathur could not be offered appointment on the post of Assistant Personnel Officer even against four vacancies notified for the year 1995, without considering the candidature of the petitioner and therefore, to this extent, the impugned orders of the Settlement Committee and the Appellate Committee deserve to be quashed.;