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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Lalji Mahto – Petitioner
Versus
Jharkhand Urja Vikas Nigam Limited, through its Chairman-cum-Managing Director and Ors. – Respondents
W.P.(S) No. 2903 of 2019, W.P.(S) No. 2844 of 2019, W.P.(S) No. 2880 of 2019, In W.P.(S) No. 2881 of 2019, W.P.(S) No. 2895 of 2019, W.P.(S) No. 2904 of 2019, W.P.(S) No. 2906 of 2019, W.P.(S) No. 2916 of 2019, W.P.(S) No. 2919 of 2019, W.P.(S) No. 2948 of 2019, W.P.(S) No. 2956 of 2019, W.P.(S) No. 2971 of 2019, W.P.(S) No. 2977 of 2019, W.P.(S) No. 2982 of 2019, W.P.(S) No. 2992 of 2019, W.P.(S) No. 2993 of 2019, W.P.(S) No. 2995 of 2019, W.P.(S) No. 2997 of 2019, W.P.(S) No. 2998 of 2019, W.P.(S) No. 2999 of 2019, W.P.(S) No. 3000 of 2019, W.P.(S) No. 3001 of 2019, W.P.(S) No. 3002 of 2019, W.P.(S) No. 3003 of 2019, W.P.(S) No. 3006 of 2019, W.P.(S) No. 3008 of 2019, W.P.(S) No. 3010 of 2019, W.P.(S) No. 3011 of 2019, W.P.(S) No. 3022 of 2019, W.P.(S) No. 3028 of 2019, W.P.(S) No. 3029 of 2019, W.P.(S) No. 3031 of 2019, W.P.(S) No. 3034 of 2019, W.P.(S) No. 3035 of 2019, W.P.(S) No. 3036 of 2019, W.P.(S) No. 3042 of 2019, W.P.(S) No. 3266 of 2019, W.P.(S) No. 3283 of 2019, W.P.(S) No. 4646 of 2019.
Decided On : 16-05-2023
Service Law – Appointments – Posts of Junior Electrical Engineer – Filed for quashing respective resolutions –Held , respondent – Deputy General Manager (H.R), JUVNL is directed to furnish documents which were made part of enquiry report dated to petitioners within four weeks from today - On receipt of said documents, petitioners shall file their respective show cause replies before Deputy General Manager (H.R) – It is made clear that Board of Directors, JUVNL shall take independent decision based on materials available on record and without being prejudiced by stand taken by respondent-JUVNL in counter affidavit filed in present cases, which shall be communicated to petitioners through their respective controlling authorities – Writ petitions are accordingly disposed of.
ORDER :
1. The present batch of writ petitions have been filed for quashing the respective resolutions issued to the petitioners, descriptions of which have been given in Column No. 6 of the table mentioned hereunder, whereby they have been communicated that the competent authority has taken decision to cancel their appointments made under the erstwhile Jharkhand State Electricity Board in the years 2007, 2008 and 2009 by way of absorption on the posts of Junior Electrical Engineer (General), Junior Electrical Engineer (G.T.O), Junior Engineer (Civil) and Assistant Electrical Engineer (General) and to revert them back to the initially appointed posts and have further been asked to file reply to the respective show cause notices.
2. The brief descriptions of the cases are as under:
| 1 | 2 | 3 | 4 | 5 | 6 |
| Case No. | Petitioner | Post at the time of appointment with date | Promoted post with date | Presently the Post held | Impugned Resolution No. with date |
| W.P.(S) No.2903 of 2019 | Lalji Mahto | Switchboard Operator Grade-II on 01.04.1991 | Junior Electrical Engineer (General Cadre) on 21.06.2007 | Assistant Electrical Engineer w.e.f 31.05.2017 vide notification dated 19.06.2017 | 537 dated 03.06.2019 |
| W.P.(S) No.2844 of 2019 | Vishwanath Pd. Singh | Unskilled Khalasi on 03.02.1996 vide office order dated 16.03.1996 | Junior Engineer (Civil) on 24.10.2008 |
| 565 dated 03.06.2019 |
| W.P.(S) No.2880 of 2019 | Suresh Prasad Choudhary | Switchboard Operator Grade-II on 01.04.1991 | Junior Electrical Engineer on 24.10.2008 |
| 527 dated 03.06.2019 |
| W.P.(S) No.2881 of 2019 | Hari Mohan Choudhary | Switchboard Operator Grade-II on 01.04.1991 | Junior Electrical Engineer (General Cadre) on 24.10.2008 | Assistant Electrical Engineer w.e.f 31.05.2017 vide notification dated 19.06.2017 | 575 dated 03.06.2019 |
| W.P.(S) No.2895 of 2019 | Amarjit Prasad | Assistant Operator (Transmission) on 09.05.1988 | Junior Electrical Engineer on 24.10.2008 | Assistant Electrical Engineer w.e.f 31.05.2017 vide notification dated 19.06.2017 | 547 dated 03.06.2019 |
| W.P.(S) No.2904 of 2019 | Ramakant Verma | Switchboard Operator Grade-II on 01.04.1991 | Junior Electrical Engineer (General Cadre) on 21.06.2007 | Assistant Electrical Engineer w.e.f 31.05.2017 vide notification dated 19.06.2017 | 499 dated 03.06.2019 |
| W.P.(S) No.2906 of 2019 | Ram Bahadur Mahto | Switchboard Operator Grade-II on 01.04.1991 | Junior Electrical Engineer (General Cadre) on 21.06.2007 | Assistant Electrical Engineer w.e.f 31.05.2017 vide notification dated 19.06.2017 | 545 dated 03.06.2019 |
| W.P.(S) No.2916 of 2019 | Anil Kumar | Switchboard Operator Grade-II on 01.04.1991 | Junior Electrical Engineer (General Cadre) on 21.06.2007 | Assistant Electrical Engineer on 18.02.2016 | 541 dated 03.06.2019 |
| W.P.(S) No.2919 of 2019 | Anil Kumar | Unskilled Khalasi on 11.04.1994 | Junior Electrical Engineer (General Cadre) on 21.06.2007 |
| 517 dated 03.06.2019 |
| W.P.(S) No.2948 of 2019 | Swarup Kumar Baski | Unskilled Khalasi on 08.07.1992 | Junior Electrical Engineer (General Cadre) on 21.06.2007 | Assistant Electrical Engineer on 18.02.2016 | 519 dated 03.06.2019 |
| W.P.(S) No.2956 of 2019 | Jagdeo Mahto | Assistant Operator (Transmission) on 09.05.1988 | Junior Electrical Engineer (General Cadre) on 21.06.2007 | Assistant Electrical Engineer (General Cadre) on 18.02.2016 | 521 dated 03.06.2019 |
| W.P.(S) No.2971 of 2019 | Arbind Kumar | Switchboard Operator Grade-II on 08.07.1988 | Junior Electrical Engineer (General Cadre) on 24.10.2008 |
| 555 dated 03.06.2019 |
| W.P.(S) No.2977 of 2019 | Kameshwar Thakur | Assistant Operator (Thermal) on 04.07.1989 | Junior Electrical Engineer (General Cadre) on 24.10.2008 | Assistant Electrical Engineer w.e.f 31.05.2017 vide no | |
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Point of Law : Court need not issue a writ merely because there is violation of the natural justice, not because it is not necessary to observe natural justice but because Courts do not issue futile ....
The decision to remove an employee from service may not be vitiated by the non-supply of relevant documents or the second show cause notice if the employee is aware of the allegations and there is no....
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