Judgment

KASLIWAL, J.:- Special leave granted.

2. Appeal in S.L.P. No. 3859 of 1991 arises out of the judgment of the Patna High Court dated 12-12-1990 in Writ Petition No. 7348 of 1989 and Appeal in S.L.P. No. 7642 of 1991 arises out of the judgment dated 12-12-19,90 given by the Patna High Court in Writ Petition No. 7183 of 1989. Both the above appeals are disposed of by end single order as both arise in identical circumstances and are intimately connected with each other.

3. Rakesh Ranjan Verma and 120 other persons working as Operators in the Bihar State Electricity Board filed a Writ Petition. No. 7348 of 1989 in the High Court for quashing the advertisement dated 29-7-1989 issued by the Bihar State Electricity Board (in short the Board) for filling up vacancies of Junior Electrical Engineers by direct recruitment and for a direction to the Board to comply with the directions of the State Government dated 18-7-1988 and 5-5-1989 to appoint/ absorb the petitioners in the vacant substantive posts of Junior Electrical Engineers.

4. The Board issued an, advertisement No. 1/83 dated 26-5-1983 in newspapers inviting applications from eligible candidates for appointment to 447 posts of Junior Electrical Engineers. The petitioners applied for the said posts of Junior Electrical Engineers. On 22-10-1983 a competitive written test was held and 840 candidates including the petitioners were declared successful in the written test. The successful candidates were called for an interview which was held on different dates in the year 1984. On the basis of the above written and oral test a panel of 790 candidates was prepared. Out of the aforesaid panel, 447 candidates, according to the merit list were given appointment on the posts of Junior Electrical Engineers. As no posts of Junior Electrical Engineers were available for the remaining 343 candidates which included the petitioners, they could not be appointed on the posts of Junior Electrical Engineers. As number of posts of Operators were also vacant and for which the requisite qualifications was Diploma in Electrical Engineering, it was, therefore, decided that the vacant posts of Operators may also be filled up by such candidates who were willing to opt for that employment but would not claim the post of Jun or Engineer on the ground that they had Opposed for appointment to the post of Junior Engineer. The petitioners opted for the posts of Operators with a specific undertaking that they would not claim for the posts of Junior Electrical Engineers by virtue of their having applied for appointment to thle posts of Junior Engineers and having technical qualifications. The petitioners subsequently made claim before the Board and the State Government that they should be absorbed against the vacant posts of Junior Electrical Engineers on the basis of the merit list and panel prepared in the year 1984. The State Government having convinced with the claim of the petitioners by communication dated 18-7-1988 wrote to the Board that as the petitioners had appeared in the written test for being appointed against the posts of Junior Electrical Engineers, any undertaking given by them on the eve of their appointments as Operators was an unreasonable restriction, as such they may be absorbed against the posts of junior Elecrical Engineers, which became available later during the years 1984 and 1985. It was mentioned in the above communication that the said direction was being issued in exercise of the power under S. 78-A of the Electricity (Supply) Act, 1948 (hereinafter referred to as the Act). Another communication of a similar nature was issued by the State Government on 5-5-1989 reiterating the earlier direction given vide letter dated 18-7-1988. The Board did not comply with the aforesaid direction of the State Government as such the petitioners filed a writ petition in the High Court with the prayer to quash the advertisement dated 29-7-1989 and to appoint/absorb the petitioners to the vacant su