SURYA NARAYAN YADAV AND OTHERS Vs. BIHAR STATE ELECTRICITY BOARD AND OTHERS

JUDGEMENT

(1.) These applications have been filed on behalf of the petitioners for writ of mandamus directing the Bihar State Electricity Board (hereinafter to be referred to as 'the Board') to absorb/appoint the petitioners to the post of Assistant Executive Engineer/Junior Engineer and for quashing the order of the Board dated 1-12-1981 by which an earlier order dated 26-11-1981 was modified. Copies of the orders dated 26-11-1981 and 1-12-1981 are Annexures 27 and 28 to the writ application.

(2.) Originally, writ application (C. W. J. C. No. 4472 of 1982) had been filed on behalf of 5 petitioners. Later, other applicants seeking similar relief against the Board were added as petitioners. The other writ applications (C. W. J. C. Nos. 2558 and 2562 of 1983) have been filed for more or less similar reliefs on behalf of others. It may be mentioned that petitioners in C. W. J. C. No. 4472 of 1982 and C. W. J. C. No. 2562 of 1983 are Assistant Electrical Engineers (ex cadre) in the Board, whereas the petitioners of C. W. J C. No. 2558 of 1982 are Junior Electrical Engineers (ex-cadre) in the Board. As common questions of law' and facts are involved, they were heard together and are being disposed of by a common judgment. C. W. J. C. No. 4472 of 1982 was heard as the leading case, as such facts and documents are being mentioned with reference to that writ application.

(3.) Several degree holders and diploma holders engineers were selected in the year 1975-76 by the Board for training in accordance with the provisions of the Apprentice Act, 1961 and under "Employment Promotion Programme". By a notice dated 11-3-1977 it was notified that the training will be for a period of six months, and after that, "the Board will make every possible efforts to give preference to its trainees in the matter of employment against vacant posts Suitable to their qualifications." However, it was specifically stated in that notice that "the recruitment will be done as per Recruitment Rules and procedure of the Board. This training will, however, not mean guaranteed employment in the Board." A copy of that notice is Annexure-1 to the writ application. On 28-3-1977 these petitioners who had been selected for the training aforesaid, were asked to join from 1-4-1977. The Board resolved on 13-8-1977 that existing trainees be continued as trainees on existing stipends rill they are absorbed against regular posts on the basis of chain system. A copy of that resolution is Annexure-2. On 2-9-1977 a communication was issued by the Director, Personnel, of the Board that training of the petitioners shall continue till they are appointed by the Board, a copy of the said communication is Annexure-3. On 26-9-1978 an order was issued by the Board deputing the graduate and diploma holders engineers were undergoing the training at different places mentioned in that order for a period of 15 days with effect from 30-9-1978. During this period such graduate engineer trainees were to get special allowance of Rs. 10 per day and diploma holder trainees Rs. 7.50 per day during the period of deputation. Therefore, some representations were filed on behalf of the petitioners requesting the Board to absorb them in the regular cadre in view of earlier assurance. Copies of those representations have been annexed to the writ application. On 26-10-1978, a decision was taken by the Board that persons who had undergone training as Apprentices "shall have to appear at an examination conducted by the Board" and those who were successful will be employed in the Power Stations for running and maintenance of the Power Stations". In that decision it was made clear that "those who fail in such examination shall be given another chance of six months' training" and, therefore, they will have to appear at another examination and if they again fail to qualify, then "their engagement as Apprentice shall be terminated." A copy of the Board's decision is Annexure-8. This caused a great resentment amongst such trainees including these petitioners and they staged Dharna and adopted a path of agitation. Ultimately, a Committee was constituted consisting of some members of the legislative Assembly including the then Speaker and some officers of the Board to consider the demand of such trainees for absorption in the service of the Board-The Committee recommended that trainees who had completed one year of training till Oct., 1979, should be appointed to the posts of Assistant Electrical Engineer and Junior Electrical Engineer on "provisional regular basis." That recommendation further said that such appointments shall be on probation for a period of two years, if during the period of probation the services of the appointees were found to be satisfactory, on availability of the permanent posts they should be confirmed in accordance with seniority. The Committee recommended that the decision to hold an examination before appointment be recalled. That recommendation was approved by the Board. Copy of the aforesaid recommendation dated 10-3-1979 and the approval of the Board is Annexure-9 to the writ application.