Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | electricity supply |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Electricity (Supply) Act, 1948: Sections 15 and 78-A. Bihar State Electricity Board Junior Electrical Engineer (General) Cadre Rules, 1982-Rule 7-As amended by Notification dated 14.10.1988. Electricity Board-Recruitment of Junior Electrical Engineers-Panel- Appointment of some candidates in order of merit-But candidates lower in merit could not be appointed due to non-availability of vacancies- Appointment of such candidates on the lower post of Operator-Undertaking by them that they will not claim in future the post of Junior Electrical Engineer -Subsequent claim by such candidates and direction by State Government under Section 78-A to appoint and absorb them in the post of Electrical Engineer-Held direction given by State was encroachment on Boards power under Section 15-Undertaking given by candidates would net estop them from being considered for future posts-Direction to fill the posts in the ratio o/75% by direct recruitment and 25% by absorption as contemplated under Rule 7. Service Law-Recruitment-Panel-Filling of vacancies-Mere existence of vacancies is not sufficient-Employer can decide how many posts are to be filled. The Bihar State Electricity Board invited applications for the posts of Junior Electrical Engineers and on the basis of a written test and oral test prepared a panel of 790 candidates in the year 1984 which was valid for one year. Out of this panel, 447 candidates were appointed according to merit but the remaining posts could not be filled due to non-availability of posts. Since the position of the appellants was lowerer in the merit list they were also not appointed. However, they were appointed against the vacant posts of Operators, for which the requisite qualifications was Diploma in Engineering, on their giving a specific undertaking that they would not make any claim for appointment as Junior Electrical Engineer.By Its advertisement dated 29.7.89 the Electricity Board invited applications for the posts of Junior Electrical Engineers which fell vacant later. The appellants made their claim for appointment as Junior Electrical Engineers and the State Government issued instructions under Section 78-A of the Electricity (Supply) Act, 1948 to the Electricity Board to appoint and absorb them." The Electricity Board failed to comply with the State Government's direction and the appellants filed petitions in the High Court of Patna for quashing the advertisement dated 29.7.89 and for a direction to appoint and absorb them in the vacant substantive posts of Junior Electrical Engineers. The High Court dismissed the petitions holding that (i) the power under Section 78-A is to be exercised by State Government only when some questions of policy are involved and it cannot be exercised for directing that a particular individual or a group of persons be appointed as officers of the Board and; the Board has power to make appointments under Section 15 and it was not bound to follow the directions of the State Government because it would amount to encroachment on its power under Section 15; (ii) the appellants were appointed as Operators on their undertaking and at a later stage they could not claim appointment against the posts of Junior Electrical Engineers; (iii) in view of the amended rule 7 of the Bihar State Electricity Board Junior Electrical Engineer (General) Cadre Rules, 1982 the appellants could not be absorbed without consideration of inter-se merit by Selection Committee. In appeal to this Court, it was contended on behalf of the appellants that (i) the direction issued by the State Government under Section 78-A of the Act was on questions of policy and was binding on the Electricity Board; (ii) the undertaking given by the appellants cannot deprive them from being appointed on future vacancies and the undertaking was violative of Article 16 of the Constitution; {iii) the posts of Junior Electrical Engineers were vacant even before the expiry of panel and the Board should have absorbed the appellants against the aforesaid posts. On behalf of the Electricity Board it was contended that (i) under section 78-A of the Act the State can issue directions only on questions of policy and it cannot direct the Board to make appointments dehors the Rules; (ii) the panel for Junior Electrical Engineers was valid for one year and the appellants had no legal right to be appointed on the basis of their inclusion in the expired panel. |
Judge | Hon'ble Mr. Justice N.M. Kasliwal |
Neutral Citation | 1992 INSC 108 |
Petitioner | Rakesh Ranjan Verma And Ors. Etc. Etc. |
Respondent | State Of Bihar And Ors. Etc. Etc. |
SCR | [1992] 2 S.C.R. 516 |
Judgement Date | 1992-04-10 |
Case Number | 1627 |
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