Neeraj v. The Bihar State Power Holding Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14300 of 2013 ====================================================== Neeraj, Son of Sri Ram Layak Ram, Resident of Mohalla B.S.E.B. Colony, Police Station Shashtri Nagar, District Patna ... ... Petitioner/s

Versus

1.

The Bihar State Power (Holding) Company Limited, Bihar (Erstwhile Bihar State Electricity Board) through its Chairman cum Managing Director, Vidyut Bhawan, Bailey Road, Patna.

2.

The Joint Secretary, The Bihar State Power (Holding) Company Limited Bihar (Erstwhile Bihar State Electricity Board), Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Advocate.

For the Respondent/s :

Mr.Vinay Kirti Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-09-2024 Heard Mr. Arun Kumar, learned counsel appearing on behalf of the petitioner and Mr. Vinay Kirti Singh, learned counsel for the respondents.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:- "That the petitioner is invoking the writ jurisdiction of this Hon'ble Court for issuance of appropriate writ/writs, order/orders or direction/direction commanding upon the respondents authorities to appoint the petitioner on the vacant reserved Scheduled Caste posts of Accounts Officer under advertisement no. 05/2011 and for any other order/orders or relief/reliefs which the petitioner may found to be entitled in the facts and circumstances of the case."

3. The respondents by filing their counter affidavit have made it clear that applications were sought for the post of

Patna High Court CWJC No.14300 of 2013(7) dt.30-09-2024 2/2 Accounts Officer vide Advertisement No. 05/2011 and for the post of Engineering Cadre vide Advertisement No. 7/2011. The petitioner had applied for considering his case on need base on the post of Accounts Officer as per the terms and conditions of the advertisement No. 5/2011. A clear stand has been taken in the counter affidavit that there was no need and there is no provision of waiting list in respect of a panel in view of the terms and conditions of Advertisement No. 5/2011 and as such the petitioner cannot claim in view of the decision of the Board to appoint the person below the select list on need basis as has been decided in respect of engineering cadre in view of Advertisement No. 7/2011, which is entirely distinct and separate Advertisement having its bearing to only engineering cadre.

4. The present writ petition don't require any interference and accordingly, it stands disposed of. (Purnendu Singh, J) mantreshwar/- U