S.N.PATHAK,J. - (1.) Heard learned counsel for the parties.
(2.) In the instant writ application, the petitioner has prayed for quashing of the Notification No. 105, dated 19.01.2017 (Annexure-10) whereby and where under the respondent no. 4 has cancelled the Notification No. 90, Dated 17.01.2017 (Annexure-7) whereby and where under the petitioner was transferred from the post of Assistant Electrical Engineer (Tech.), Electrical Supply Circle, Gumla to Electrical Supply Sub-Division, Ratu Road, Ranchi.
(3.) The factual matrix as has been delineated in the instant writ petition is that on petitioner was initially appointed on 15.04.1991 the post of Switch Board Operator and he joined in Power Sub-Station, Kusai Colony, Ranchi. After due permission, petitioner acquired the qualification of Diploma in Electrical Engineering during his service. In terms of Rule-7 of the "Bihar State Electricity Board Junior Electrical Engineers (General) Cadre Rules, 1982, petitioner was entitled for the post of Junior Electrical Engineer from the date of vacancy of the year 1997. However, after the order dated 22.01.2001, passed by Ranchi Bench of the Patna High Court in CWJC No. 230 of 2000 and in Contempt Case (Civil) No. 850 of 2002, he was appointed on the post of Junior Electrical Engineer and was posted in Electric Supply Area, Hazaribagh. Since seniority of the petitioner was not decided on the basis of provisions as contained in Rule 11 of the Rules, 1982 he along with others preferred writ petition being W.P.(S) No. 513 of 2012 which was disposed of vide order dated 14.06.2012. In spite of said direction of the Court, juniors to the petitioner were promoted vide seniority dated 20.06.2013. Thereafter, vide Notification No. 4785, Dated 23.08.2013, the petitioner was promoted on the post of Assistant Electrical Engineer (Current Charge). Thereafter, by Notification No. 7608, Dated 30.12.2013, he was transferred on the post of Assistant Electrical Engineer, Electric Supply Sub-Division, Upper Bazar, Ranchi. The petitioner's case for consideration of his seniority from 1997 was reconsidered by the Managing Director of Jharkhand Bijli Vitran Nigam Limited and on 25.09.2014, the Chairman-cum-Managing Director of the Jharkhand Urja Vikash Nigam Limited, Ranchi directed the General Manager (HR) to re-examine the matter, but the authorities of the department did not pay heed to the same.;