- (1.) This appeal is directed against order dated 30.1.2001, passed by learned Single Judge of this Court in CWJC No. 2461 of 1999(R) [reported in 2001 (2) JCR 267 (Jh), whereby claim of writ petitioners for being absorbed straightway to the posts of Junior Electrical Engineers (General) Cadre in the State Electricity Board, which had fallen vacant upto 31.3.1992, without resorting to the selection process, was negatived.
(2.) Pursuant to Employment Notice No. 1 of 1983, for appointment to the posts of Junior Electrical Engineers after appointment to the posts, of Junior Electrical Engineers after written and oral test, a penal of 790 candidates was prepared. From the said penal 447 candidates, according to merit list, were appointed on the available vacant posts of Junior Electrical Engineers and the remaining 343 candidates, including the appellants, who were writ petitioners and who could not be appointed on the posts of Junior Electrical Engineers, opted for the posts of Electrical Operator, with an undertaking not to claim the post of Junior Electrical Engineers and were appointed on the said posts. Subsequently, appellants and others represented before the State Electricity Board and the State Government for being absorbed against vacant posts of Junior Electrical Engineers, on the basis of merit list and penal prepared in the year 1984. Subsequently. they filed C.W.J.C. Nos. 7183 and 7348 of 1989, which were disposed of on 12.12.1990, observing that under Rule 7 of the Bihar State Electricity Board Junior Electrical Engineers (General) Cadre Rules. 1982 (hereinafter referred to as '1982 Rules'), as amended by a new Rule 7 by notification dated 14.10.1988, issued under Section 79(c) of the Electricity (Supply) Act. 1948, a Selection Committee has to consider the cases of Diploma holders, who had acquired Diploma before joining the lower posts under the Board or has acquired Diploma while in service of the Board, for being appointed against the posts of Senior Electrical Engineers. In view of the said amended Rule, which came in to force on 14.10.1988, there was no question of absorption of the appellants outright without consideration of inter se merit by the Selection Committee. However, the Court further observed that it was open to the Board to consider the cases of the appellants along with others for appointment to the post of Junior Electrical Engineers in accordance with new Rule 7 referred to above.
(3.) Against the said order Special Leave to Appeal (Civil) Nos. 3859 and 7642 of 1991 were filed in the Supreme Court of India, which were dismissed on 10.4.1992 by a common order, with following directions:- 'Thus, taking in view the entire facts and circumstances of the case and in order to do full justice to all the persons concerned, we direct the Board to issue a fresh advertisement for filing of the posts of Junior Electrical Engineer having fallen due upto 31st March, 1992 and to make appointments in the ratio of 75 per rent by direct recruitment and 25 per cent by absorption as contemplated under Rule 7. It is further directed that age bar would not be considered as disqualification in respect of all those persons who were included in the penal list of 790 persons prepared in 1984.";