Ramesh Chandra Mishra v. Bihar State Electricity Board
2002-07-09
LAKSHMAN URAON, SUDHANSU JYOTI MUKHOPADHAYA
body2002
DigiLaw.ai
JUDGMENT S.J. Mukhopadhaya and Lakshman Uraon, JJ. 1. The appellants were initially appointed as Operators between 1974-78. Subsequently they were promoted to the next higher post of Assistant Controllers. In the gradation list of Assistant Controllers, their names were reflected between Serial Nos. 85 to 151. They were given charge of the higher post of Controllers on 31st January, 1989 but by the impugned order, dated 11th April, 1997 the Boards Office, order dated 31st January, 1989 was withdrawn. In the result, the appellants were reverted to their substantive post of Assistant Controller. 2. Against the order dated 11th April, 1997, the appellants moved before this Court in C.W.J.C. No. 1700 of 1997 (R). It was pleaded that as per State Electricity Boards resolution dated 23rd November, 1985, the current charge against the higher post of Controllers should be treated as promotion on completion of Kalavadhi. It was also pleaded that the post of Assistant Controller and Controllers, being cadre post of operators, the appellants had right to be considered for promotion. 3. Learned single Judge by impugned judgment dated 11th November, 1997, upheld the order and dismissed the writ petition. 4. We find no illegality nor any arbitrary or malafide action on the part of the Board the appellants having no right to hold higher post of Controller. 5. In the aforesaid background, the judgment dated 11th November, 1997 passed by learned single Judge in C.W.J.C. No. 1700 of 1997 (R) requires no interference. 6. Learned counsel for the appellants relied on office order No. 3390, dated 16th September, 1994 whereby the appellants were initially appointed the post of Controller was shown promotional posts of Operator. It was submitted that the Board (on reorganization now Jharkhand State Electricity Board) is filling up of the higher posts of Controller by direct recruitment, but the other posts of Controller marked to be filled up by promotion are not being filled up. 7. If that be so and, if any post of "Controller" is vacant, the appellant(s) may bring it to the notice of the competent authority with request to fill up the post by regular promotion from amongst eligible Assistant Controllers, in accordance with law. 8. The appeal stands disposed of with aforesaid observation. However, there shall be no order as to costs.