IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4389 of 2011
Brajesh Kumar Birua ... Petitioner
Versus
Jharkhand State Electricity Board & others ...Respondents
CORAM: HON'BLE MR. JUSTICE D. N. PATEL
For the Petitioner : M/s Delip Jerath, V.K. Vashistha, Abhinesh Kr.,Advocates
For the Respondents : Mrs. Indrani Sen Choudhury, Advocate
th
02: 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
petitioner being a Electronics & Communication Stream (General Cadre),
was also interviewed for the post, in question, and thereafter, he cleared all
the selection tests and ultimately, he was selected for the said post and was
placed at serial no. 74, as per Annexure7 series to the memo of the present
petition. There are altogether 80 vacancies for the post, in question, and
the petitioner was selected at serial no. 74, but, because of some
misunderstanding, the petitioner was not appointed because he being a
Electronics and Communication Stream. It is further submitted by the
counsel for the petitioner 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 Annexure10 to the memo of the present
petition, wherein, the corrigendum issued by the respondents has been
held to be a valid one. Thus, the petitioner is also eligible for being
appointed to the post, in question, though he is a Electronics and
Communication Stream (General Cadre) and for no reason, whatsoever,
the respondents are not appointing him and hence, the present writ
petition has been preferred.
2. Counsel for the respondents submitted that since the issue, involved
2.
in this writ petition, has already been settled, they have nothing much to
oppose the matter and the petitioner may be directed to be appointed on
the post of Assistant Executive Engineer (G.T.O).
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 Electronics & Communication Stream (General Cadre)
also eligible for the post, in question, and as the petitioner has already been
selected for the post, in question, at serial no. 74 in the select list
(Annexure7 series to the memo of the present writ petition), I hereby,
direct the respondents to allow the petitioner to join the post of Assistant
Executive Engineer (G.T.O). The petitioner shall approach respondent
no. 3/or respondent no. 4 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 petitioner to place
at appropriate serial number, looking to his serial no. 74 in the select list,
which is at Annexure7 series to the memo of the present petition and it
will be communicated to the petitioner that what is his serial number in the
same batch.
6. This writ petition is allowed and disposed of, in view of the above
directions.
(D.N. Patel, J. )
VK