ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 31-01-2024 The Bihar State Power (Holding) Company Limited through the Managing Director, the present L.P.A. is filed in assailing the order of the learned Single Judge dated 07.08.2019 passed in C.W.J.C. No.13542 of 2019.

2. The brief facts of the case are that on 06.07.2006, the appellants notified contractual appointment. Pursuant to the advertisement, members of the Employees Association- Respondents submitted their application and they were selected and appointed on 13.12.2006. Such a contract appointment was for a period of one year and it was extendable from time to time and they were appointed on consolidated pay of Rs.5000/- per month. On 03/04 March, 2015, the appellants have taken a decision “Appointment of the persons engaged on contract on various post in regular pay-scale” and they proceeded to resolve as under:

“RESOLVED THAT the personnel engaged on Contract Basis on the post of Legal Supervisor-II, Stenographer-II, Junior Line man, Switch Board Operator, Assistant Operator, Computer Data Entry Operator, shall be appointed in regular pay scale on the terms and conditions as mentioned in Para-7 of the Agenda Notes.”

3. Pursuant to the aforementioned decision, members of the Respondents-Associations’ services were regularized to the post of Switch Board Operator, Grade-II in PB-I, Pay Band of Rs.5200-20200, GP-2900 with terms and conditions. The terms and conditions are as follows:

“(i) The eligibility criteria and the validity of the educational qualification shall remain the same as was on the date of engagement on contractual employment.

(ii ) Such appointment on regularization is made on the basis of seniority cum merit as per engagement on contract.

(iii) Such appointment on regularization of contractual employees is done on the basis of the screening of prerequisite conditions for engagement by a screening committee specially constituted for this purpose.

(iv) The reservation category of the selected candidates according to the roster policy of the erstwhile BSEB will remain same as was fixed at the time of their engagement.

v) Such appointment on regularization in the time scale of pay of the post is temporary/provisional and subject to General Rules of BSPHCL and its subsidiary companies as amended from time to time.

(vi) They may be transferred anywhere within the jurisdiction of BSPHCL and is subsidiary companies.

(vii) The seniority of the contractually engaged employees on appointment and regularization in regular pay scale shall be fixed below the employees appointed n regular pay scale and on consolidated pay before the date of this appointment. The inter-se-seniority among the contractually engaged employee will be fixed on the basis of the year of their engagement and the points obtained in the merit list of the contractual employment.

(viii) If any information given by them with regard to their qualification, date of birth, caste & creamy layer certificate, domicile certificate etc. is found incorrect or if any discrepancy is found in part or full, at any time during the period of their employment, their services will be terminated with retrospective effect and legal action will be initiated as well as the pay and allowances received by them on this account will be recovered.

(ix) They will have to bring all original certificates along with the following documents at the time of joining :-

a. They will be required to submit their consent along with an affidavit swan before the Executive Magistrate to the effect that they are willing to be appointed on the terms and condition specified by the company and that they will not be entitled to claim any benefit for the period of service spent on contract basis if they are appointed in the time scale of pay of the regular post.

b. An affidavit sworn in before the Executive Magistrate to this effect that :-

i. The candidate has only one living spouse in case he/she is married.

ii. The candidate has not acc