IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 470 of 2009
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Manoj Kumar ... Appellant
-Versus-
Jharkhand State Electricity Board & ors... Respondent
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CORAM : HON'BLE MR. JUSTICE M.Y.EQBAL
HON'BLE MR. JUSTICE R.R.PRASAD
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For the Appellant : Mr. R.Kumar
For the Respondents : M/s. M.Tandon & Kumari Rashmi
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2- 23.12.2009 I.A.No.3057/2009.
Heard learned counsel for the parties.
The delay in filing the appeal is condoned.
I.A.No.3057/2009 stands disposed of.
The appellant has challenged the impugned judgment
passed by learned Single Judge in W.P.(S) No.4103/2003. The
judgment reads as under:
“25.08.2009 Heard the parties.
In this writ application the petitioner has
prayed for the absorption on the post of Junior
Electrical Engineer in the Electricity Board on the
ground that he fulfils all the eligibility criteria for his
being absorbed in the said post. It is stated that the
case of the petitioner for absorption as Junior Electrical
Engineer was recommended earlier by the Electrical
Executive Engineer, Koderma, on 30.08.2001 and
subsequently by the General Manager also. It is
submitted that the petitioner is having the requisite
experience for holding the post of Junior Electrical
Engineer.
It is not disputed by the petitioner that the
petitioner is holder of Diploma in Mining Engineering
and he is not having any Diploma or degree in
Electrical Engineering. It is also not disputed by the
petitioner that the minimum requisite qualification for
appointment on the post of Electrical Junior Engineer
is to have Diploma or Degree in Electrical Engineering.
In the counter affidavit it is stated that since
the petitioner does not possess the minimum requisite
educational qualification for appointment/absorption to
the post of Junior Electrical Engineer and as such he
cannot be absorbed on that post. So far
recommendation made by the Electrical Executive
Engineer and General Manager is concerned, it is
stated that they had no jurisdiction or authority to
recommend the case of the petitioner, since he was
not holding the minimum requisite qualification to hold
the post.
In this view of the matter, since the petitioner
does not possess the minimum requisite qualification
for holding the post of Junior Electrical Engineer and,
therefore, In my view no relief can be granted to him
for his appointment/absorption on the post of Junior
Electrical Engineer.
Accordingly, having found no merit, this writ
application is dismissed.”
Learned counsel for the appellant assailed the judgment
mainly on the ground that the appellant possessed the requisite
qualification for holding the post of Junior Electrical Engineer and,
therefore, he is entitled to absorb the said post.
In our view, the submission of the learned counsel is wholly
misconceived. Even assuming that the appellant has possessed the
requisite qualification, there cannot be any absorption on the post
of Junior Electrical Engineer. It appears that the learned Single
Judge further found that the authority has no jurisdiction to
recommend the case of the appellant.
In that view of the matter, we do not find any merit in this
appeal, which is accordingly dismissed.
(M.Y. Eqbal, J. )
(R.R.Prasad,J.)
Pandey