ANAND PRAKASH GUPTA Vs. THE BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) - Ninety two petitioners have filed this application under Articles 226 and 227 of the Constitution of India, praying that by a writ of mandamus the respondents may be directed to consider the petitioners' cases for appointment as Overseas, for which an advertisement has been issued dated the 12th May,1970, a copy of which has been given as Annexure 6.

(2.) The relevant facts are as follows: In 1966 there was an advertisement inviting applications for the posts of Apprentices Category I, required by the Bihar State Electricity Board, respondent No. 1 of the writ case. The qualification prescribed for the post was that the candidates must hold S.E.S. (Electrical or Mechanical) Diploma. It was mentioned in the advertisement that after successful completion of training candidates may be appointed in appropriate vacancies. A copy of this advertisement has been given as Annexure J. Petitioners 1 to 37, who held the requisite qualification for the post, made application and, in due course, they were selected for appointment to the posts of Apprentices Category I. A sample copy of the letter sent to the petitioners has been given as Annexure.

(3.) In this annexure, it was mentioned that the selected candidate will have to execute a bond at the time of joining, to serve the Board for a minimum period of five years after completion of his training. These petitioners joined as Apprentices Category I and executed necessary bonds. A copy of the bond has been given as Annexure 3. After completion of their training and after passing the necessary tests etc., these petitioners were appointed as Operators and/or Technicians in the scale of Rs. 130-310, besides the usual allowances. petitioners Nos. 38 to 92, who were undergoing training under the Government of India Training Scheme at Patratu, were also appointed as Apprentices Category I, and a sample copy of the letter of appointment has been given as Annexure 4. Later by order dated the 4th March,1971, they were also appointed as Operators/Technicians in the same scale of pay. On the 12.5.1970, an advertisement was published by the Board inviting applications for appointment to the post of Overseers in the scale of Rs. 200-350, and the requisite qualification was that the candidates must hold Diploma in Electrical Engineering from recognised Institute. It was also mentioned that preference would be given to candidates having training and/or practical experience in Generation, Transmission and Distribution works. A copy of this advertisement is Annexure 6. It is said that all the petitioners applied for appointment as Overseers. It is said that the petitioners were expecting that their cases would be considered along with the cases of other applicants, but they learnt that the Additional Chief Engineer, Patratu Thermal Power Station respondent No.5 had forwarded their applications, but had recommended that the cases of the applicants should not be considered for appointment to the posts of Overseers. Two copies of the forwarding letters of the Additional chief Engineer have been given as Annexures 7 and 8. According to the petitioners, they had made due representations for the redress of their grievances, but they were informed by the Chairman of the Board and the Engineer Member, respondent No. 3 (who is the Chief Engineer) that the petitioners' cases will not be considered for appointment to the posts of Overseers. Thus the petitioners have come up to this Court, with the prayers mentioned above.