Veerender Singh Siradhana, J. - (1.) Aggrieved of the final seniority list of Junior Engineer -I (E&M) as on 1st April, 2010, the petitioners have instituted the present writ proceedings praying for the following relief(s): - - "(i) by an appropriate writ, order or direction the final seniority list dated 7.9.2010 may kindly be declared to be illegal and same may be quashed and set aside and it may be declared that the petitioners are entitled for their seniority with reference to order dated 7.4.2007. (ii) by further an appropriate writ, order or direction the respondents may be directed to assign seniority to the petitioners of the post of Junior Engineer -I with reference to the order dated 7.4.07 and place them at appropriate place in the seniority list dated 7.9.10 along with other persons assigned seniority under experience quota candidates and above the direct recruitment quota candidates. (iii) by further an appropriate writ, order or direction, the respondents may be directed to give all consequential benefits to the petitioners. (iv) Any other order which this Hon'ble Court considers expedient, just and proper in the facts and circumstances of the case may kindly be granted in favour of the petitioners. (v) The cost of this writ petition may kindly be awarded in favour of the petitioners."
(2.) Briefly, the essential skeletal material facts necessary for appreciation of the controversy raised herein are: that the petitioners being in possession of qualification of Degree in Electrical Engineering, submitted their application forms for consideration of their candidature for appointment to the post of Junior Engineer -I/II in response to the advertisement (Annexure -1), which stipulated last date of submission of the application forms as 30th November, 2006. The petitioners being successful, were accorded appointment on the post of Junior Engineer -II (Electrical) as Probationer Trainee on fixed remuneration of Rs. 4,950/ - (Rupees: Four thousand nine hundred and fifty), per month for a period of two years on the terms and conditions stipulated therein. After successful completion of the probation period of two years, the petitioners were to be accorded regular pay scale of Junior Engineer -I of Rs. 9300 - 34800 + 3500. As a consequence of decision taken by the Board of Directors in its 138th meeting held on 18th September, 2007; the petitioners, who were appointed as Junior Engineer -II (Electrical) Probationer Trainee vide order dated 7th April, 2007; and were in possession of the qualifications of BE/AMIE with 60% marks or more prior to the appointment, were further accorded appointment as Junior Engineer -I (Electrical) Probationer Trainee against unreserved category. The fixed remuneration @ Rs. 6,450/ - (Rupees: Six thousand four hundred fifty) per month was accorded to them. After successful completion of Probationer Training, they were to be accorded regular pay scale of Junior Engineer -I, vide order dated 18th September, 2007, however, the petitioners were accorded notional benefit of remuneration from the date of joining as Junior Engineer -II Probationer Trainee to the date of issuance of the order i.e. 18th September, 2007. On 6th July, 2010, a tentative seniority list of Junior Engineer -I as on 1st April, 2010, was published. Representations were invited from aggrieved, if any, within 15 days. The petitioners submitted their representation on 9th July, 2010, for their placement in the tentative seniority list at Serial Number 336 onwards specifically referring to the orders dated 18th September, 2007 and 15th February, 2008, claiming benefit of seniority as Junior Engineer -I with effect from 7th April, 2007. According to the petitioners, their placement in the seniority list ought to have been at Serial Number 221 and onwards. The respondents vide order dated 7th September, 2010, published the final seniority list of Junior Engineer -I (E&M) as on 1st April, 2010, maintaining the position of the petitioners as was indicated in the tentative seniority list.
(3.) Learned counsel for the petitioners, Mr. Prahlad Singh, reiterating the pleaded facts and grounds of the writ application, asserted that the petitioners were successful in the recruitment process initiated by the respondents vide advertisement Annexure -1, which specifically stipulates that 60% of the vacancies out of 445, were meant for candidates for experience quota, which according to the petitioners, were 267 out of 445. Learned counsel referring to order dated 18th September, 2007 (Annexure -3) emphasized that the respondents realized their mistake and issued order dated 18th September, 2007, according appointment to the petitioners as Junior Engineer -I (Electrical) Probationer Trainee for the petitioners were in possession of the required educational qualifications of BE/AMIE with 60% marks or more prior to the appointment.;