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2017 DIGILAW 709 (JHR)

Manoj Kumar v. State Of Jharkhand

2017-04-18

SHREE CHANDRASHEKHAR

body2017
JUDGMENT Shree Chandrashekhar, J. – Relying on Notification dated 21.01.2011 and other Notifications, the petitioner seeks a direction upon the respondent-Jharkhand Urja Vikas Nigam Limited for his regularisation on the post of Assistant Electrical Engineer "with retrospective effect". 2. Heard. 3. The petitioner asserts that he was appointed on 05.02.1994 on the post of Messenger in the pay-scale of Rs. 1,000251200301650/- . He claims that he was given additional charge of Electrical Executive Engineer in the Technical Section of Electrical Supply Division, Koderma on 14.07.1998. Thereafter, he was posted in the Technical Section (Divisional Store), Koderma as Assistant Electrical Engineer on 07.08.1999 (vide Annexure 8 and 9). At this stage itself, it needs to be recorded that letters dated 05.02.1994 and 14.07.1998 do not disclose that the petitioner was appointed on the aforesaid posts. 4. Initially, the petitioner approached this Court in W.P. (S) No. 4103 of 2003 seeking a direction upon the respondents for his appointment on the post of Junior Electrical Engineer. The writ petition stood dismissed by an order dated 25.08.2009 on the ground that the petitioner did not possess minimum educational qualification for appointment on the post of Junior Electrical Engineer. Challenge by the petitioner to the aforesaid order before the Letters Patent Court failed when L.P.A. No. 470 of 2009 was dismissed on 23.12.2009. Now, the petitioner asserts that he has acquired requisite qualification for appointment/absorption to the post of Junior Electrical Engineer, in June, 2011. On acquiring the aforesaid qualification, the petitioner made representations for his regularisation on the post of Junior Electrical Engineer, however, when no decision was taken by the respondents on his representations, constrained, he has approached this Court. 5. Vide order dated 20.03.2017, the petitioner was directed to produce Recruitment Rules and to file an affidavit disclosing the minimum educational qualification for appointment to the post of Assistant Electrical Engineer and, whether the petitioner fulfils those qualifications. Mr. M.K. Roy, the learned counsel for the petitioner, however, expresses his inability to produce Recruitment Rules. Notification dated 21.01.2011, on which the petitioner has placed reliance, would indicate that it was issued to amend the provisions regulating "promotion of Junior Electrical Engineer (general cadre and GTO cadre)". Mr. M.K. Roy, the learned counsel for the petitioner, however, expresses his inability to produce Recruitment Rules. Notification dated 21.01.2011, on which the petitioner has placed reliance, would indicate that it was issued to amend the provisions regulating "promotion of Junior Electrical Engineer (general cadre and GTO cadre)". By the said Notification Rule 9 of Electrical Engineer, (General) Cadre Rules 1976, Rule 8 of Generation-cum-Transmission Cadre Rule 1976 and Rule 9 of Junior Electrical Engineer (General) Cadre Rule, 1982 were substituted to the extent Notification dated 21.01.2011 made modifications. From the aforesaid, it would appear that there are Recruitment and Cadre Rules which govern the appointment of Assistant Electrical Engineer/Assistant Executive Engineer/Junior Electrical Engineer (general cadre and GTO cadre) etc. The petitioner, on mere acquisition of a degree of B.Tech in Electrical Engineering from JRN Rajasthan Vidyapith (a deemed University) is claiming his regularisation on the post of Assistant Electrical Engineer, by bypassing the procedure prescribed under the extant Rules for appointment on the said post. He except, asserting that he was posted in the Technical Section and has acquired a B.Tech degree in Electrical Engineering has not laid a foundation for issuing a mandamus to the respondents. Moreover, a person on mere acquisition of educational qualification cannot seek a direction for his regularisation on a post, for appointment on which post a procedure has been prescribed under the extant Rules. Regularisation is not a mode of appointment. 6. In fact, Employment Notice No. 03 of 2016 has been published for appointment on the post of Assistant Electrical Engineer and other posts. Under this Employment Notice, minimum percentage of marks in the qualifying examination has been fixed. Selection is on the basis of marks obtained in Computer Based Test (CBT) and interview. 7. In the aforesaid facts, finding no merit in the writ petition, it is dismissed.