The power of the State Government to issue directions to the Board under Section 78-A of the Indian Electricity (Supply) Act, 1948 is limited to matters of policy and cannot be used to encroach upon the Board's power to appoint its officers and employees.

N. P. Singh, J.

1. The petitioners have filed this writ application to direct the Bihar State Electricity Board (hereinafter referrad to as the Board) to implement the direction given by the State Government by its communication dated 18-7-1988 in purported exercise of the power under Sec.78-A of the Indian Electricity (Supply) ACE, 1948 (hereinatter referred to as the act ). By the aforesaid communication the Board has been directed to absorb the petitioners against the vacant posts of Junior Electrical Engineers.

2. The Board issued an advertisement dated 26-5-1983 inviting applications for appointments against 447 posts of Junior Electrical Engineers. The petitioners along with others made applications. On 22-10-1983 a competitive test was held. The result was published on 28-4-1984, in which 840 candidates including the petitioners were declared successful. After interview a panel of 790 candidates including the petitioners was prepared. Appointment letters were issaed to first 447 candidates. As no posts of Junior Electrical engineers were available for remaining 343 candidates including the petitioners they could not be appointed. Later, they were appointed against the posts of Operator. In the decision to appoint these petitioners as operators, as well as in their appointment Setters as Operators, it was specifically mentioned that at later stage they shall not claim that they be appointed against the posts of Junior Electrical Engineers.

3. However, later the petitioners made claim before the Board and the state Government that they should be absorbed against the vacant posts of junior Electrical Engineers on the oasis; of the aforesaid merit list prepared in the year 1984,

4. It appears that by a communication addressed to the Secretary of the Board the State Government called for tha details in respect of the petitioners. On 11-4-1988 the Secretary of the Board addressed a letter to the secretary, Department of Energy, stating as to how the Diploma Holders had appeared at the written test for selection to the posts of Junior Engineers and on the basis of the said examination a merit list of 790 applicants had been prepared. It was also mentioned that out of the said merit list 447 applicants had been appointed as Junior Electrical Engineers and the remaining applicants, who could not be appointed as Junior Electrical Engineers were appointed against the post of Operators on an undertaking given by them that in future they shall not make a claim that they be appointed as junior Electrical Engineers Therealter, the communication dated 18-7-1988 (Annexure-o) was issued by the Department of Energy to the Board saving that as the petitioners had appealed at a written test for being appointed against the posts of Junior Electrical Engineers, any undertaking given bv them on the event of their appointments as Operators was an unreasonable restriction, as suuh, they be absorbed against the posts of Junior Electrical engineers, which became available later during the years 1994 ana 1985 towards the end it was said that the said direction was being issued in exercise of the power under Sec.78-A of the Act.

5. Yet another communication of a similar nature was issued by the state Government on 5-5-1989 (Annexure-7) reiterating the earlier direction that the Diploma Holder Operators i. e. the petitioners bo absorbed against the posts of Junior Electrical Engineers against the vacancies of the year 1984 and 1985 on the basis of the merit list prepared in the year 19s4. It was also said that the posts of Operators held by these petitioners be designated as posts of Junior Electrical Engineers and the petitioners be absorbed against such posts. Towards the end it was reiterated that the said direction be treated as one under Sec.78-A of the Act.64 When the directions given by the State Government were not complied with by the Board the present writ application was hied tor a direction to the Board to implement the direction