S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the above two petitioners for a direction on the respondents to modify the final gradation list of Assistant Executive Engineers, issued on 9th October, 1999, wherein, these petitioners have been shown at serial Nos. 173 and 174 respectively. According to the petitioners, they should have been placed at serial Nos. 105 (petitioner No. 1) and at serial No. 5 (petitioner No. 2) in the final gradation list dated 9th October, 1999. Their grievance is that the respondents have treated those, placed above them, as a separate group of Assistant Executive Engineers, in gross violation of Clause (2) of Notification No. 1449 dated 14th August, 1986
(2.) THE petitioners were initially appointed as Junior Accounts Clerks in May, 1972 under the then Bihar State Electricity Board (hereinafter to be referred as the 'B.S.E.B'). While in service, they passed the Degree in Engineering Examination; 1st petitioner passed B.Sc.(Mechanical) Engineering in the year, 1975 whereas 2nd petitioner passed B.Sc. (Mechanical) Engineering In the year, 1979. By Memo No. 420 dated 19th March, 1978 the 1st petitioner was appointed as Junior Engineer (Electrical) against a temporary post in B.S.E.B. In March, 1978 2nd petitioner was also appointed as Junior Engineer (Electrical) against a temporary post under the B.S.E.B. in pursuance of Employment Notice No. 3 of 1977. A large number of Trainee Graduate Engineers were under the Government of India. 170 such Graduate Engineers were appointed as Assistant Executive Engineer (Ex. Cadre) by Notification No.12 dated 29th May, 1980, Another set of Diploma holder Engines working on Master Roil baste as junior Electrical Engineer (Ex. Cadre) were also appointed as Assistant Executive Engineer (Ex. Cadre) Notification No.1260 dated 29th May, 1980. Another Graduate Engineer, working on Master Roll, was appointed as Assistant Executive Engineer (Ex. Cadre) by Notification No. 2617 dated December, 1981. The petitioners continued to function as Junior Engineers and after about one and half year they were appointed Assistant Executive Engineer (Ex. Cadre) vide Notification Nos. and 21 both dated 7th January, 1982.
(3.) THE Trainee Graduate Engineers, 170 in number, who were appointed as Assistant Executive Engineers (Ex. Cadre) vide Notification No. 1258 dated 29th May, 1980, were not regularized the services of the Board, treating thesis as a separate class. The matter moved up to the Supreme Court, In the case of Surya Narainn Yadav v. B.S.E. Board, reported in : AIR1985SC941 , the Supreme Court decided the case in their favour and held as follows: 7. So far as the first aspect is concerned, we have sufficiently pointed out already that the Board had waived the requirement of examination and had, while taking advantage of the services of the appellants when it was in need, delayed the implementation of its representations. But it appears that several engineers have also been recruited either on permanent or temporary basis against regular vacancies and they are not parties to these appeals. The appellants. therefore, cannot have seniority above those people and we would not he justified in making any direction which would prejudice their seniority behind their hack. It appears that there have been recruitments even during the pendency of these appeals. While granting leave and while disposing of miscellaneous petitions for directions, this Court has. already made it clear that appointments pendente lite would be subject to the result of the appeals. Therefore, the recruits of 1983 are bound to he subject to our directions. We are inclined to take the view that the appellants being already in employment of the Board much prior to 1983 on being taken into regular appointment of the Board have to rank above the recruits of 1983 and in the years thereafter. 8. The Board in our view is, therefore, bound to regularize the appointments of the appellants who had been taken as trainee engineers initially and have continued to be in the employment of the Board. In this view of the matter after the hearing was over we issued a mandamus to the Board to offer regular appointment to the appellants within three months from that day i.e. May 3, 1985, in the appropriate cadre of Assistant Engineer or Junior Engineer, as the case may be and such appointments were to be on probation for a period of two years as required under the rules. In regard to seniority the appellants have to tank below permanent and temporary recruits to regular posts of engineers held under the Board prior to 1983 and they shall be assigned seniority above such recruits pendente lite. We have now indicated the reasons by our judgment. The appeals are allowed and the judgment of the High Cowl is reversed and the Board is directed to give effect to the directions indicated above within the specified time. ;