- (1.) The petitioner, an association of engineers working in the Jharkhand State Electricity Board, has prayed for issuance of writ of Mandamus restraining the Respondents from appointing the retired persons and also taking the services of engineers from other organisations on deputation and posting them in the higher post without considering legitimate claim of the engineers serving in the Board and further for quashing the order taking Respondent No. 4 on deputation from C.M.P.D.I.
(2.) The Respondent-Jharkhand State Electricity Board came into existence in March, 2001 and started functioning within the territorial jurisdiction of the State of Jharkhand. All the members of the Petitioner Association are posted in different posts in the Respondent-Board within the State of Jharkhand, although all were employees of undivided Bihar State Electricity Board.
(3.) It appears that the Respondents have taken decision for appointment of retired persons on contractual basis in different categories and for that purpose a general advertisement was published in the Newspaper "Hindustan" on 24-7-2001. Immediately after knowing the decision of the Board, Petitioner filed representation and sent delegates to the authorities of the Board. It is stated that officers of the Petitioner-Association have been waiting for their promotion to higher post since long and most of the Electrical Executive Engineers of the Petitioner-Association deserve promotion on the post of Electrical Superintending Engineer. It is stated that 18 posts of Electrical Superintending Engineers are lying vacant in only G.T.O. Cadre of the Board. Despite serious objection and representation made by members of the Petitioner-Association, Respondent Jharkhand State Electricity Board appointed one Shri P.K. Singh, Superintending Engineer (Civil) C.M.P.D.I. Ltd. on deputation in the Board without considering the fact that so many Executive Engineers (Civil) have been working on the same post since 1989 and they deserve the post of Superintending Engineer (Civil). Respondent Nos. 1, 2 and 3, namely, Jharkhand State Electricity Board, Head Quarter, the Secretary and the Chairman of the Jharkhand State Electricity Board filed Counter-Affidavit justifying the action by stating that the Board is empowered under Section 15 of the Electricity Supply Act to appoint officers and employees to enable the Board to carry out its function. It is further stated that as the division of cadre of employees have not been finalised between Bihar State Electricity Board and Jharkhand State Electricity Board, therefore, Jharkhand State Electricity Board has not framed its own regulation rather following the regulation framed by the Bihar State Electricity Board. It is stated that as a temporary measure and meet the exigencies the Board has decided to give contractual employment to the retired employees on deputation from other undertakings. The Respondent Board also justified deputation of Respondent No. 4, Shri P.K. Singh, an employee of C.M.P.D.I., Ranchi.;