Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioners have inter alia prayed for direction upon the respondents, in particular respondent no. 5 to provide them the removal of stagnation in the appropriate pay-scale by upgrading the scale likewise other general employees of the post of Assistant Operator to the employees of Scheduled Caste and Scheduled Tribe categories of same post.
(2.) The facts, in brief, is that the petitioners, who are I.T.I Apprentice, were selected by the Selection Board of Patratu Thermal Power Station, vide office order dated 10.04.1984 on the post of Assistant Operator. By passage of time, the respondentsPTPS published tentative seniority list vide letter dated 20.09.1995 of Assistant Operators. It has further been averred that the Bihar State Electricity Board, Patna vide resolution dated 28.02.1986 has fixed the minimum qualifying period for providing promotion in different categories of posts, which covers the case of the petitioners. It has further been averred that the PTPS time to time issued order to up-graded the scale for removal of stagnation, as evident from Annexure 4 series. But the respondent-PTPS vide order dated 16.09.1995 cancelled the order at Annnexure 4 series, against which, the aggrieved Assistant Operators moved this Court by filing C.W.J.C No. 2391 of 1995 (R) , which was disposed of vide order dated 13.07.2006, by which, Secretary, Jharkhand State Electricy Board was directed to consider the grievance of the petitioner and till then matter was ordered to be kept in abeyance. Pursuant thereto, the writ petitioners, collectively and in individual capacity, submitted representation, whereupon, the Director (Personnel), B.S.E.B also directed respondent-PTPS to provide removal of stagnation and further Bihar State S.C/S.T Union has also requested to provide such benefit.
(3.) Heard Mr. Satish Prasad, learned counsel for the petitioners and Ms Suchitra Pandey, learned counsel for the respondents.;