Dismissed

Bipin Prasad Singh and Ors. v. Power Grid Corporation of Indi

Patna HC10 May 2012CWJC/7213/2012

Case brief

AI extract

What is this about?

Petitioners sought regularization of their fixed-tenure employment as Assistant Engineers into permanent posts upon five-year contract expiry. The court rejected the regularization claim but directed authorities to give preference to these ex-contractors with prior satisfactory service in future permanent recruitment examinations.

What did the court decide?

Directed authorities to give preference to the petitioners in future permanent recruitment examinations based on their experience.

Bipin Prasad Singh and Ors. Vs Power Grid… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.7213 of 2012

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Bipin Prasad Singh, aged about 33 years, son of Shri Vidya Singh Village-Aliganj, P.O.-Aliganj, P.S.-Sikandra, District-Jamui.

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Harideo Ram, aged about 33 years son of Shri Maharaj Ram, Resident Of L.I.G. 16/563, Hanuman Nagar, P.S.-Patrakar Nagar, Kankarbag, Patna.

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Deepak Kumar, aged about 31 years, son of Shri Shiv Narayan Mehta, Resident of Village-Rampur, P.O.-Basgara, P.S.-Farbisganj, DistrictAraria.

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Gyan Ratna, aged about 29 years, Son of Shri Jagdish Pandit, Resident of Village + Post-Simri Bakhtiyarpur, District-Saharsa.

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Naveen Kumar, aged about 29 years, son of Shri Ishwari Prasad Singh, Resident of Mohalla-Dhaneshwar Ghat, P.O. + P.S.-Biharsharif, District-Nalanda.

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Dinbandhu, aged about 31 years, son of Shri Mahadeo Baitha, Resident of Village + Post-Kishanpur Madhuwan, P.S.-Kurhanni, DistrictMuzaffarpur.

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.... .... Petitioners

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Versus

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Power Grid Corporation of India Ltd. (A Government of India Enterprise) Registered Office-8-9, Qutab Institutional Area, Katwaria Sarai, New Delhi-110016, Having its Corporate Office At 'Saudamini' Plot No.2, Sector-29, Gudgaon-122001, Haryana.

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The General Manager, Eastern Region Transmission System-I, Power Grid Corporation of India Ltd. (A Government of India Enterprise) Regional Head Quarter, Alankar Place (5th & 6th Floor) Boring Road, Patna-800001.

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.... .... Respondents

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====================================================== For the Petitioners : Mr. Arun Kumar, Advocate. For the Respondents : Mr. Janaradan Prasad Singh, Advocate. PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN

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ORDER

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7 10-05-2012 Heard learned counsel for the petitioners and learned counsel for the respondents.

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This writ petition has been filed by the

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petitioners for directing the respondents-Power Grid Corporation of India Limited (hereinafter referred to as ‘the

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Patna High Court CWJC No.7213 of 2012 (7) dt.10-05-2012

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Corporation’ for the sake of brevity) and its authorities to regularize the services of the petitioners on permanent sanctioned vacant posts of Assistant Engineer (Electrical) in the Corporation as the petitioners fulfill all the necessary qualifications and had been appointed in the year 2007 after following all the selection process, i.e. advertisement, written test, group discussion and interview.

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It is not in dispute that petitioners are Electrical Engineers having genuine degrees and in response to the advertisement made by the Corporation, they applied for being engaged as Assistant Engineers on fixed tenure basis for a maximum period of five years, whereafter written tests, group discussions and interviews were held and the petitioners having been fully qualified, were selected and appointment letters dated 05.06.2007 (Annexure-3 series) were issued to them and they joined their respective posts in the Corporation and have been working there to the satisfaction of the authorities concerned.

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The claim of the petitioners is that the term of five years is coming to an end in June, 2012 and the petitioners having all the required qualifications and having been appointed after following all the selection process of

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Patna High Court CWJC No.7213 of 2012 (7) dt.10-05-2012

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advertisement, written test, group discussion and interview etc. and furthermore, the Corporation having the requirement of such Electrical Engineers as most of the works for which the petitioners had been appointed has not yet been completed, it was legal and proper in the ends of justice to regularize the services of the petitioners on permanent sanctioned vacant posts of Assistant Engineers (Electrical) in the Corporation.

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On the other hand, learned counsel for the respondents-Corporation and its authorities vehemently opposes the contentions of learned counsel for the petitioners stating that the petitioners were engaged merely for a fixed tenure of five years for a specific project and in the appointment letters it had been specifically stated that they were engaged as Assistant Engineers (Electrical) on a fixed tenure basis in the Corporation for a maximum period of five years or till completion of the project which ever is earlier. Hence, he submits that after completion of five years, the petitioners have got no right to claim any permanent post as the said engagement for fixed tenure was on the basis of advertisement which also mentioned the tenure and the petitioners having agreed to that condition joined the post.

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Patna High Court CWJC No.7213 of 2012 (7) dt.10-05-2012

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Learned counsel for the respondents also submits that general conditions of contractual appointments were also annexed to the engagement letters sent to the petitioners, but they did not annex the said general conditions and hence the respondents have annexed it as Annexure-A to their counter affidavit which shows the general conditions for such appointments which have been agreed to by the petitioners.

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Learned counsel for the respondents further submits that advertisement had been published for regular appointment of Assistant Engineer (Electrical) in the Corporation and several candidates, including the petitioners applied, but the petitioners failed to compete according to the merits and hence their candidatures were rejected for the said posts and only thereafter they have filed the instant writ petition claiming the said relief.

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Learned counsel for the petitioners subsequently submits that respondents have already revised its clauses of terms and conditions for such appointment, hence they can take steps for regularization of the petitioners also. But it appears from the revised clauses that the said amendment was only with respect to increase in the dearness allowance

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Patna High Court CWJC No.7213 of 2012 (7) dt.10-05-2012

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which has been made for regular vacancies as well as contractual appointees both. Hence it is of no help for the petitioners.

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Learned counsel for the respondents has placed before this Court order dated 30.06.2011 passed by a Bench of this Court in CWJC No.9198 of 2011 which was filed by some other contractual employees for the same relief, but their plea was rejected. However, a bare perusal of the said order shows that the above noted writ petition was filed by the employees, who were appointed only on the basis of interview for two years and without any written test, group discussion etc. which have been held in case of the petitioners. Hence, the said order is of no help in the instant case.

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Considering the arguments of learned counsel for the parties and the materials on record it is quite apparent that advertisement in response to which the petitioners had earlier applied in the year 2007 was for engagement for a fixed tenure of five years only and on the basis of that advertisement, the petitioners had responded and filed applications and after completing all the formalities, the letters were issued to the petitioners engaging them as

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Patna High Court CWJC No.7213 of 2012 (7) dt.10-05-2012

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Assistant Engineers (Electrical) in the Corporation for a maximum period of five years or till completion of the project whichever is earlier. The petitioners accepted the engagement letter and continued working on that post without any objection and now when merely a couple of months were left for completion of the said tenure of five years, the instant writ petition has been filed in April, 2012.

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In the aforesaid facts and circumstances, the letters of engagement and the acts of the petitioners clearly show that the engagement of the petitioners on the basis of the engagement letters dated 05.06.2007 (Annexure-3 series) cannot go beyond five years and hence there is no occasion for directing the authorities to regularize the services of the petitioners on permanent vacant posts of Assistant Engineers (Electrical) in the Corporation. However, the petitioners have worked in the Corporation for five years to the satisfaction of the authorities and hence they have attained a good experience for the job in the Corporation.

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In the said circumstances, this writ petition is disposed of with a direction to the authorities that in future if any advertisement for the permanent sanctioned vacant posts of Assistant Engineer (Electrical) in the Corporation is made

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Patna High Court CWJC No.7213 of 2012 (7) dt.10-05-2012

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and the petitioners or any one of them are applicants, the authorities of the Corporation shall give preference of experience to them in the written examination as well as in the interview so that their experience may be utilized for the benefit of the Corporation and also that the petitioners may get the reward of their satisfactory service and experience in the Corporation.

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(S.N. Hussain, J)

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Sunil/-

Bipin Prasad Singh and Ors. v. Power Grid Corporation of Indi

Case brief

What is this about?

What did the court decide?

Bipin Prasad Singh and Ors. v. Power Grid Corporation of Indi

Case brief

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What did the court decide?

What the court decided

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