. IN THE HIGH COURT OF JHARKHAND AT RANCHI ---- W.P.(S) No. 6333 of 2015 ---- 1.Rameshwar Deogam, son of Jurendra Deogam, resident of Village Pampara, P.O. Barkundia, P.S. Muffasil, District-Singhbhum West 2.Chandra Shekhar Chouhan, son of late Dukhi Prasad, resident of Jharna Colony, Mazhar Tola(Near Imli Tola), P.O. Sahibganj, P.S. Jirwabari, O.P., District Sahibganj. 3.Om Prakash Rajak, son of Sri Bishwanath Baitha, resident of Pithoria, Kanke Block, P.O. and P.S. Pithoria, District-Ranchi 4.Chumani Kumari, daughter Bigu Bhagat, resident of village Kaimbo, P.O. Kaimbo, P.S. Mandar, District-Ranchi 5.Kartik Oraon, son of Sri Goyandu Oraon, resident of Gorgawn Karamtoli, P.O. Gargawn Karamtoli, P.O.Gargawn, P.S. Itki, istrict-Ranchi 6.Manish Kumar, son of Sri Ramgopal Prasad, resident of Ram Nagar (Near Bazar Samiti), Jaspur Road, P.O. and P.S. Gumla, District Gumla 7.Binod Kumar Sharma, son of Sadhu Sharan Sharma, resident of at Pulhatu, P.O. and P.S. Chaibasa, District West Singhbhum (Jharkhand) 8.Hemraj Kerketta, son of late Jaghu Kerketta, resident of Kumhartoli, Bari Bazar, P.O. Chaibasa, P.S. Sadar, District Singhbhum West. ….. …. Petitioners -Versus- 1.The State of Jharkhand, through the Principal Secretary, Energy Department, Secretariat Building, Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi 2.The Jharkhand State Electricity Board (Now Jharkhand Urja Vikas Nigam Ltd.) through its Chairman, Engineering Building, H.E.C., P.O. and P.S. Dhurwa, District Ranchi. 3.The Jharkhand Urja Nigam Ltd., (JUVNL), through its Secretary, Engineering Building, H.E.C., Township, P.O. and P.S. Dhurwa, District Ranchi 4.The Managing Director, Jharkhand Urja Sancharan Nigam Ltd. (Transmission), Engineering Building, P.O. and P.S. Dhurwa, District Ranchi 5.The Deputy General Manager (HR), Jharkhand Urja Vikas Nigam Ltd., Engineering Building, HEC Township, P.O. and P.S. Dhurwa, District- Ranchi ….. .… Respondents …. CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR ---- For the Petitioners : Mr. Delip Jerath, Advocate Mr. Amritansh Vats, Advocate For the JUVNL : Mr. Om Prakash Tiwari, Advocate ---- 5/ 30.11.2016 The grievance of the petitioners is that they were not considered for appointment to the post of Junior Engineers.
2. Heard. .
3. Mr. Delip Jerath, the learned counsel for the petitioners, referring to the letter of appointment dated 04.07.2007 and the prescribed qualification for appointment on the post of Junior Electrical Engineer (Civil) and Junior Engineer (GTO), submits that the petitioners who possess qualification of Electrical/ Electronic Engineering Diploma from AICTE/ Government recognised institution and are working under Jharkhand State Electricity Board (now, Jharkhand Urja Vikas Nigam Limited) in Grid Sub-station as Field Incharge and are performing other works assigned by the Controlling Officer are entitled for award of 1.5 marks for every 6 completed months for each completed additional 6 months of experience, however, the petitioners were illegally not considered for appointment as Junior Electrical Engineers.
4. Referring to the stand taken in the counter-affidavit filed on behalf of the respondent- Jharkhand Urja Vikas Nigam Limited, Mr. O. P. Tiwary, the learned counsel submits that the petitioners are not working on the post of Junior Electrical Engineer. May be, they have 3 years' full-time Electrical/ Electronic Engineering Diploma which was essential qualification for appointment to the post of Trainee Assistant Controller, however, on that basis, the petitioners cannot claim experience preference.
5. Briefly stated, the petitioners, pursuant to Advertisement No.01/2006 published on 28.08.2006, applied for the post of Trainee Assistant Controller. They were appointed to the said post vide Office Order dated 04.07.2007. The petitioners have asserted that since then they have been continuously working under the respondents. In the meantime, an industrial dispute was raised which was referred to the Industrial Tribunal vide Reference No.02/2012. The Reference was made in the following terms, “Whether, the regularization of Sri Santosh Kumar . and 684 other workmen appointed under Advertisement No.-1/2006 on contract basis, is justified? If yes, what relief they are entitled to?” The reference was answered in favour of the workmen vide Award dated 08.10.2015, against which Jharkhand Urja Vikas Nigam Limited preferred W.P.(L) No.1383 of 2016 and vide order dated 19.07.2016 operation of Award dated 08.10.2015 has been stayed. During the pendency of Reference Case No.02/2012, Advertisement No.02/2015 was issued by Jharkhand Urja Vikas Nigam Limited inviting on-line applications for appointment on various posts including Junior Electrical Engineer(Gen.) and Junior Electrical Engineer(GTO). The petitioners also submitted their applications and they were permitted to appear in the written test. Experience qualification required under Employment Notification No.02/2015 is experience on the aforesaid posts.
6. Mr. Delip Jerath, the learned counsel for the petitioners contends that the petitioners who have experience in the field of power generation/ transmission/ distribution under the respondent- Nigam are entitled for grant of experience preference. A bare perusal of Employment Notification No.02/2015 would disclose that applications were invited for appointment on temporary technical posts in JBVNL, JUSNL and JUUNL. The number and name of posts have been specifically disclosed in the advertisement. For different posts, different educational qualifications have been prescribed. It is provided that the selection process would comprise written test, for which 70% marks would be alloted. Additionally, for experience preference it is provided that a candidate shall be awarded additional marks as preference weightage for his “post qualification working experience” exceeding minimum 3 years' experience. The additional marks would be 1.5 marks for each completed additional 6 months of experience over the prescribed minimum 3 years' experience, . however, to a maximum of 15 marks. In view of the specific stipulation in the advertisement for awarding post employment experience, a candidate seeking employment as Junior Electrical Engineer (Gen.) or Junior Electrical Engineer (G.T.O) is required to have experience over the same post. Obviously, a candidate who has not worked on the post of Junior Electrical Engineer (Gen.)/ (GTO) cannot seek award of additional 1.5 marks for each completed 6 months on the ground that he has been working in Grid Sub-station as Trainee Assistant Controller for which minimum educational qualification is 3 years full-time Electrical/ Electronic and Mechanical Engineering Diploma from any AICTE/ Government recognised institute. The learned counsel for the petitioners, however, contends that this Court may infer equivalence of posts held by the petitioners on which they have been appointed on contractual basis with the posts for which they have submitted their applications. In the counter- affidavit, the respondent- Nigam has taken a specific stand that the experience rendered on the post of Assistant Controller cannot be counted for appointment on the post of J.E.E. Further stand taken by the respondent- Nigam is that the qualification requirement and job content of Assistant Controller do not match with the duty of Junior Electrical Engineers. Moreover, declaration of equivalence of posts is an executive function and the Court cannot embark upon such an enquiry.
7. In the light of the aforesaid facts, I am not inclined to interfere in the matter, and accordingly, the writ-petition is dismissed. (Shree Chandrashekhar, J.) SI/,