JHARKHAND STATE ELECTRICITY BOARD Vs. POWER ENGINEER SERVICE ASSOCIATION
LAWS(JHAR)-2002-9-33
HIGH COURT OF JHARKHAND
Decided on September 19,2002

JHARKHAND STATE ELECTRICITY BOARD Appellant
VERSUS
Power Engineer Service Association Respondents

JUDGEMENT

- (1.) THE petitioner, Jharkhand State Electricity Board has sought review of the judgment dated 21.3.2002 passed by this Court in W.P.s No. 3746/2001.
(2.) THE writ petitioner, who is an association of Engineers working in the Jharkhand State Electricity Board, made a grievance in the writ petition that instead of appointing or promoting officers of the Board, the Board has adopted a practice to appoint retired persons and taking the services of Engineers from other organizations on deputation. This Court, by a reasoned judgment, allowed the writ petition and held that the appointment of respondent No. 4 and other retired person was wholly illegal, arbitrary and mala fide. However, this Court allowed the Board to take their services for three months so that the Board may re -start the process for filling up the vacant post of Superintending Engineer and other posts by promotion and/or by appointment in accordance with the rules and regulations of the Board. In the instant review petition the Board has stated, inter alia, that the allocation of cadre of the employees of the Board was not finalized and as supply of electricity is an essential service, the Board decided to engage persons on contractual basis. The Board, therefore, issued advertisement for making appointment of the officers in the Board. It is further stated that the service records of the employees working in the Jharkhand State Electricity Board has not been transferred by Bihar State Electricity Board and, as such, promotion matter of the officers can not be taken up or finalized. On these grounds the Board has sought review of the judgment dated 21.3.2002.
(3.) IN the counter affidavit filed by the writ petitioner it is stated that about 84 Engineers from the Bihar State Electricity Board were sent to the Jharkhand State Electricity Board in the month of April, 2002 and all the 84 persons joined in May, 2002. Instead of allocating duties and posting all these 84 officers the Board has been intentionally and deliberately appointing retired persons to over power the crisis.;


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