RAKESH RANJAN VERMA AND ORS. ETC. ETC. versus STATE OF BIHAR AND ORS. ETC. ETC.

RAKESH RANJAN VERMA AND ORS. ETC. ETC. versus STATE OF BIHAR AND ORS. ETC. ETC.

The direction by the State Government to appoint the appellants as Junior Electrical Engineers was not a direction on policy and thus not binding on the Electricity Board under Section 78-A; the Board alone has the statutory competence to make such appointments under Section 15. The expired selection panel confers no rights to future appointment, yet the undertaking by the appellants does not forever bar them from being considered for future posts. Appointments must be made in accordance with Rule 7 as amended, with appropriate ratio between direct recruits and absorption from existing employees, and those in the 1984 panel should not be disqualified by age for the forthcoming recruitment.

Parties
Appellants: Rakesh Ranjan Verma and Ors.; Respondents: State of Bihar and Ors.
Jurisdiction
India
Judgment Date
10 April 1992
Procedural Posture
Civil Appeal / Final Decision on Appeal From High Court Judgments
Outcome
Appeals dismissed with directions
Legal Topics
Electricity Board Recruitment, Panel Validity, Statutory Authority Powers, Rule 7 Bihar State Electricity Board Junior Electrical Engineer (general) Cadre Rules, 1982
Service Law Electricity Law Electricity Board Recruitment Panel Validity Statutory Authority Powers Rule 7 Bihar State Electricity Board Junior Electrical Engineer (general) Cadre Rules, 1982

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Parties

Rakesh Ranjan Verma and Ors.

Appellants

State of Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal From High Court Judgments

Legal Issues

  1. 1 Whether the State Government's direction under Section 78-A of the Electricity (Supply) Act, 1948 to appoint the appellants as Junior Electrical Engineers is binding on the Board
  2. 2 Whether the undertaking given by appellants at the time of appointment as Operators estops them from consideration for future posts of Junior Electrical Engineer
  3. 3 Whether existence of vacancies creates a right for appointment after expiry of selection panel

Ratio Decidendi

The direction by the State Government to appoint the appellants as Junior Electrical Engineers was not a direction on policy and thus not binding on the Electricity Board under Section 78-A; the Board alone has the statutory competence to make such appointments under Section 15. The expired selection panel confers no rights to future appointment, yet the undertaking by the appellants does not forever bar them from being considered for future posts. Appointments must be made in accordance with Rule 7 as amended, with appropriate ratio between direct recruits and absorption from existing employees, and those in the 1984 panel should not be disqualified by age for the forthcoming recruitment.

Court Disposition

Appeals dismissed with directions

Orders

  • The Board is directed to issue a fresh advertisement for filling posts of Junior Electrical Engineers as of March 31, 1992, appointing in the ratio of 75% direct recruitment and 25% absorption per Rule 7.
  • Age bar shall not be considered as a disqualification for persons included in the 1984 panel.