TAPEN SEN, J. - (1.) HEARD Mr. A.K. Mehta, learned counsel for the petitioners. Nobody appears on behalf of the respondents even on repeated calls.
(2.) AT the outset, Mr. A.K. Mehta submits that since he has not made the persons enlisted in Annexure -17 as party respondents, he, therefore, does not press the amendment application and he confines the writ application only to the extent prayed for originally at paragraph 1 of the same. In the instant writ application, the petitioner has submitted that in the Damoder Valley Corporation (hereinafter referred to as the DVC for sake of brevity), two sets of employees namely the Boilder Turbine Auxiliary (BTA) and Fitter exists in two different cadres altogether. The learned counsel for the petitioner has submitted that the BTA cannot be intermingled with the Fitters and notwithstanding the own declaration of the DVC accepting the two cadres as different, they published a draft gradation list where they proceeded to include Fitters in the cadre of BTA. The petitioners had made representations before the authorities concerned to look into the matter but they have not done so. On the aforementioned two grievances, the petitioner have filed this writ application.
(3.) ALL the petitioners are skilled workers who have qualifications of Metric and ITI Mr. A.K. Mehta, learned counsel for the petitioner has submitted that in order to run its various Power Plants, the DVC is required to employ persons in various cadres and trades in the shape of both skilled and unskilled workmen. So far as the unskilled workmen are concerned, they are always placed in the Group -C whereas the skilled workmen are placed in Group -B. All the petitioners, however, were appointed in Group -C although they were entitled to be appointed in the Technician grade -III i.e. in the BTA Cadre because they had the educational qualifications of having passed the Matriculation Examinations as also the examinations conducted by the ITI. However, for reasons best known to the authorities, they were appointed in Group -C. The petitioners have further stated that on 30.12.1986, as is apparent from Annexure -2, the Corporation (DVC) "issued an advertisement for the post of BTA. Accordingly, all the petitioners applied and they were subjected to a Trade Test -cum -Interview. Thereafter, they were selected and on 13.8.1990, by Annexure -3, they were temporarily appointed on the post of Technician Grade -II (BTA). According to Mr. A.K. Mehta, the post of Technician Grade -III (BTA) is totally different and distinct from the Cadre of Fitters and Automobile Driver. Mr. Mehta relies upon Annexure -4 and submits that on 30.12.1986, a Notice once again was given for the selection to the post of Technicians Grade -3 and Automobile Drivers, both of which, are in the Grade of Fitters but certainly not in the Cadre of BTA. From a perusal of the aforementioned Notice dated 30.12.1986, it appears that applications were called for from casual workers for the post of Technician Grade -III i.e. in different categories of Riggers, Fitters, Welders, Carpenters, Black Smiths, Electricians and Automobile Drivers. Pursuant to the aforementioned Notice as contained at Annexure -4, the petitioners have annexed a sample letter that was sent to such a casual worker who had applied for being selected to the post mentioned in Annexure -4, Annexure -5 shows that the Corporation itself refers to the applications for the posts of the categories mentioned above. However, while making the appointments i.e. while making the appointment to the post of Technician Grade -III which should have been confined exclusively to the different categories mentioned in Annexure -4 and which do not include the category of BTA yet, the Corporation, for reasons best known to them, issued appointment letters appointing these casual workmen in the Technician Grade -III Fitter/BTA.;