IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4391 of 2011
Manoj Marshal Murmu & Another ... Petitioners
Versus
Jharkhand State Electricity Board & others ...Respondents
CORAM: HON'BLE MR. JUSTICE D. N. PATEL
For the Petitioners : M/s Delip Jerath, V.K. Vashistha, Abhinesh Kr.,Advocates
For the Respondents : Mrs. Indrani Sen Choudhury, Advocate
th
03: Dated 20 September, 2011
1.
An advertisement was published by the respondents, which is at
Annexure1 to the memo of the present petition bearing no. 1 of 2008
followed by several corrigendum, which are at Annexure2 series, and
thereby, the qualification originally fixed for the post of Assistant Executive
Engineer vide Annexure1, which was only for Electrical Engineers, was
amended to the extent that not only the Electrical Engineers, but, the
Mechanical Engineers are also eligible for the posts, in question. The
petitioners being Mechanical Engineers, were also interviewed for the post,
in question, and thereafter, they cleared all the selection tests and
ultimately, they were selected for the said post and were placed at serial
nos. 45 and 11, respectively, as per Annexure7 series to the memo of the
present petition. There are altogether 45 vacancies for the post, in
question, and the petitioners were selected at serial nos. 45 and 11, but,
because of some misunderstanding, the petitioners were not appointed
because they were Mechanical Engineers. It is further submitted by the
counsel for the petitioners that few other candidates have also filed several
writ petitions, one of them is W.P.(S) No. 583 of 2010 and those batch
matters have already been decided by this Court by a common order dated
30th March, 2011, which is at Annexure11 to the memo of the present
petition, wherein, the corrigendum issued by the respondents has been
held to be a valid one. Thus, the petitioners are also eligible for being
appointed to the post, in question, though they are Mechanical Engineers
and for no reason, whatsoever, the respondents are not appointing them
and hence, the present writ petition has been preferred.
2. Counsel for the respondents submitted that since the issue, involved
in this writ petition, has already been settled, they have nothing much to
2.
oppose the matter and the petitioners may be directed to be appointed on
the post of Assistant Executive Engineer.
3. In view of this limited submissions and looking to the reasons, given
in the order, passed by this Court dated 30th March, 2011 in W.P.(S) No. 583
of 2010 alongwith other allied matters, corrigendum issued by the
respondents, making Mechanical Engineers also eligible for the post, in
question, and as the petitioners have already been selected for the post, in
question, at serial nos. 45 and 11, respectively, in the select list (Annexure7
series to the memo of the present writ petition), I hereby, direct the
respondents to allow the petitioners to join the post of Assistant Executive
Engineer. The petitioners shall approach respondent no. 2/or respondent
no. 3 for joining the duties as Assistant Executive Engineer within forty
days from today.
4. Similarly, W.P.(S) No. 6091 of 2009 has also been allowed by this
Court vide judgment/order dated 26th July, 2011.
5. I hereby, also direct the respondents to allow the petitioners to place
at appropriate serial number, looking to their serial nos. 45 and 11,
respectively, in the select list, which is at Annexure7 series to the memo of
the present petition and it will be communicated to the petitioners that
what their respective serial numbers in the same batch.
6. This writ petition is allowed and disposed of, in view of the above
directions.
(D.N. Patel, J. )
VK