TMI Blog1992 (4) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... tate 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 comply 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. 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. The petitioners applied for the said posts of Junior Electrical Engineers. On 22.10.1983 a competitive written test was held and 840 candidates including the petitioners were declared successful in the written test. The successful candidates were called for an interview which was held on different dates in the year 1984. On the basis of the above written and oral test a panel of 790 candidates was prepared. 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. As no posts of Junior Electrical Engineers were available for the remaining 343 candidates which include ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filled and the position of the petitioners being lower in the merit list, they could not be appointed. Thereafter, on the recommendation of a committee, the petitioners were appointed against the posts of Operators in Thermal Power Stations with a specific condition that they shall not later make any claim for appointment as Junior Electrical Engineer. When the petitioners accepted the said condition, they were appointed as Operators. The panel/merit list which was prepared in the year 1984 lost its validity on 13.9.1985 after the lapse of one year. 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. It was further stated by the Board that the State Government had no power to give such direction under Section 78-A of the Act. The Board itself has power to make appointments of officers and employees under Section 15 of the Act. The High Court held that the Board is a statutory authority constituted by the State Government under Section 5 of the Act. Section 15 of the Act in clear and unambiguous words vests power in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Selection Committee. The High Court in the view taken above passed the following order : For the reasons mentioned above, it is not possible to hold that the two communications dated 18.7.1988 and 5.5.1989 shall be deemed to be a direction on question of policy by the State Government so that this Court may issue a writ of mandamus directing the Board to comply with those Directions. It is also not possible for this Court to issue a direction to the Board to absorb the petitioners straightway against the posts of Junior Electrical Engineers : of course, it will be open to the Board to consider the cases of the petitioners along with others for appointments to the posts of Junior Electrical Engineers in accordance with the new Rule 7 referred to above. This writ application is, accordingly, dismissed. In the circumstances of the cases, there shall be no order for costs. We have heard learned counsel for the parties at length and have perused the record. Dr. Chitale, Learned Senior Advocate appearing on behalf of the appellants contended that the direction issued by the State Government vide letters dated 18.7.1988 and 5.5.1989 under Section 78-A of the Act was bindin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irections by the State Government. - (1) In the discharge of its functions, the Board shall be guided by such directions on questions of policy as may be given to it by the State Government. (2) If any dispute arises between the Board and the State Government as to whether a question is or is not a question of policy, it shall be referred to the Authority whose decision thereon shall be final. The above provision clearly lays down that the Board shall be guided by such directions on questions of policy as may be given to it by the State Government. In the circumstances of the case before us the directions given under letters dated 18.7.1988 and 5.5.1989 cannot be considered as directions on any question of policy. So far as the appointment of staff is concerned, Section 15 empowers the Board to appoint such officers and employees as may be required to enable the Board to carry out its functions under the Act. Section 15 of the Act reads as under :- Appointment of staff. - The Board may appoint a Secretary and such other officers and employees as may be required to enable to Board to carry out its functions under this Act : Provided that the appointment of the Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posts. Appointment by direct recruitment and by absorption shall be made against vacancies in a calendar year in the ratio of 75-25. Now in case of appointment to the posts of Junior Electrical Engineers if made by absorption from amongst the employees of the Board serving on lower posts that has to be made through a process of screening by a Selection Committee. So far as appointment to be made by direct recruitment, the candidates have to be selected on the basis of merit after going through the process of written and oral examination and the appellants shall have to compete with all the Diploma holders who would compete for such posts of Junior Electrical Engineers to be filled by direct recruitment. The Board in this regard has clearly stated in the counter affidavit filed before this Court that the appellants who apply for the posts of Junior Electrical Engineers as and when advertisement is issued and appear at the competitive examination to be held again by the Board for appointment on the posts of Junior Engineers and in case they Compete, they would be appointed against the posts of Junior Electrical Engineers. The Board, of course, cannot deny the right of the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X
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