The appointment of the Secretary of the Board alone is subject to the approval of the State Government.
The petitioners opted for the posts of Operators with a specific undertaking that they would number claim for the posts of Junior Electrical Engineers by virtue of their having applied for appointment to the posts of Junior Engineers and having technical qualifications.
The petitioners subsequently made claim before the Board and the State Government that they should be absorbed against the vacant posts of Junior Electrical Engineers on the basis of the merit list and panel prepared in the year 1984.
When the petitioners accepted the said companydition, they were appointed as Operators.
The posts of Junior Electrical Engineers which fell vacant later have been advertised by the advertisement dated 29.7.1989 and fresh applications have been invited to fill the posts in accordance with the Rules.
Thereafter, on the recommendation of a companymittee, the petitioners were appointed against the posts of Operators in Thermal Power Stations with a specific companydition that they shall number later make any claim for appointment as Junior Electrical Engineer.
As number of posts of Operators were also vacant and for which the requisite qualifications was Diploma in Electrical Engineering, it was, therefore, decided that the vacant posts of Operators may also be filled up by such candidates who were willing to opt for that employment but would number claim the post of Junior Engineer on the ground that they had applied for appointment to the post of Junior Engineer.
So far as other officers and employees of the Board are companycerned, numberapproval is required to be taken from the State Government.
The panel merit list which was prepared in the year 1984 lost its validity on 13.9.1985 after the lapse of one year.
Another companymunication of a similar nature was issued by the State Government on 5.5.1989 reiterating the earlier direction given vide letter dated 18.7.1988.
From the Judgment and Order dated 12.12.90 of the Patna High Court of Jundicature in C.W.J.C. No.
The State Government having companyvinced with the claim of the petitioners by companymunication dated 18.7.1988 wrote to the Board that as the petitioners had appeared in the written test for being appointed against the posts of Junior Electrical Engineers, any undertaking given by them on the eve of their appointments as Operators was an unreasonable restriction, as such they may be absorbed against the posts of Junior Electrical Engineers, which became available later during the years 1984 and 1985.
7183 of 1989.
The petitioners applied for the said posts of Junior Electrical Engineers.
7348 of 1989 in the High Court for quashing the advertisement dated 29.7.1989 issued by the Bihar State Electricity Board in short the Board for filling up vacancies of Junior Electrical Engineers by direct recruitment and for a direction to the Board to companyply with the directions of the State Government dated 18.7.1988 and 5.5.1989 to appoint absorb the petitioners in the vacant substantive posts of Junior Electrical Engineers.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
As numberposts of Junior Electrical Engineers were available for the remaining 343 candidates which included the petitioners, they companyld number be appointed on the posts of Junior Electrical Engineers.
7183 of 1989.
The Board issued an advertisment No.1/83 dated 26.5.1983 in newspapers inviting applications form eligible candidates for appointment to 447 posts of Junior Electrical Engineers.
Both the above appeals are disposed of by one single order as both arise in identical circumstances and are intimately companynected with each other.
Rakesh Ranjan Verma and 120 other persons working as Operators in the Bihar State Electricity Board filed a Writ Petition No.
Dr. Y.S. Chitale, Anil Jha and Raju Rama Chandran for the Appellants.
Out of the aforesaid panel, 447 candidates, according to the merit list were given appointment on the aforesaid on the posts of Junior Electrical Engineers.
1627 1628 of 1992.
3859 of 1991 arises out of the Judgment of the Patna High Court dated 12.12.1990 in Writ Petition No.
Appeal in SLP No.
K. Venugopal, P.P. Tripathi and Pramod Swarup for the Respondents.
7348 Civil Writ Petition No.
7348 of 1989 and Appeal in SLP No.
7642 of 1991 arises out of the judgment dated 12.12.1990 given by the Patna High Court in Writ Petition No.
The Judgment of this Court was delivered by KASLIWAL, J. Special leave granted.
