Pramod Kumar Nayak, S/o Shri Sheo Shankar Nayak v. Jharkhand Urja Vikas Nigam Limited through its Chairman & Managing Director
2016-11-22
SHREE CHANDRASHEKHAR
body2016
DigiLaw.ai
Order : At the outset, the learned counsel for the petitioner seeks permission to correct the description of respondent no. 1. It is stated that now in place of Jharkhand State Electricity Board, Jharkhand Urja Vikas Nigam Limited is the proper party. 2. Let necessary correction be done during the course of the day. 3. Petitioner along with six other employees engaged on contractual basis were appointed on regular basis vide notification dated 29.01.2009. The said notification has been stayed by the impugned order dated 26.02.2009. 4. Heard. 5. The petitioner, pursuant to Advertisement No. 01 of 2006, applied for appointment on the post of Assistant Executive Engineer and he was finally employed on contractual basis, pursuant to recommendation dated 20.10.2006 of the Selection Committee. He joined the said post on 28.06.2007. Considering his representation dated 05.04.2008 for regularisation of his services on the post of Assistant Executive Engineer, order dated 29.01.2009 was issued for his regular appointment. In the counter-affidavit, the respondent Electricity Board (now Nigam) has taken a stand that order dated 29.01.2009 was issued without taking approval of the Board. The post on which petitioner was sought to be appointed on regular basis vide notification dated 29.01.2009, was not advertised and other eligible persons were denied opportunity to participate in the selection process for appointment on the post of Assistant Executive Engineer. Apparently, order dated 29.01.2009 was issued in contravention of the mandate under Article 14 and 16 of the Constitution of India. 6. Considering the aforesaid fact, I find no infirmity in order dated 26.02.2009 whereby, operation of notification dated 29.01.2009 was stayed. The writ petition stands dismissed. However, the respondent-Nigam is directed to initiate process for regular appointment and conclude within a period of six months. If the petitioner and others who are working on contract basis under Nigam, participate in the selection process, the respondent-Nigam shall consider granting age relaxation to such persons.