Power Engineers Asso. Of Raj vs R.R.V.P.N.L. And Anr
2022 Latest Caselaw 352 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Civil Writ Petition No. 13774/2016 Power Engineers Association Of Rajasthan Having Its Registration No. Rtu/4/87 Under Trade Union Act, R/o 789, Shanti Nagar, Durgapura, Jaipur Serving As Jen-I At Jaipur Vidhyut Vitran Nigam Ltd., Jaipur

----Petitioner Versus

1. Rajasthan Rajya Vidyut Prasaran Nigam Ltd. Through Its Chairman-Cum-Managing Director, Vidyut Bhawan, Jaipur

2. State Of Rajasthan Through Secretary, Energy, Secretariat, Jaipur

3. Chairman Of The Coordination Committee-Cum-Managing Director, Rajasthan Vidyut Prasaran Nigam, Jaipur

----Respondents

For Petitioner(s) : None For Respondent(s) : Mr. Ravi Bhansali, Sr. Advocate assisted by Mr. Bhavit Sharma, Mr. Dhanesh Saraswat, Mr. Vipul Dharnia, Mr. Rohin Bhansali, Mr. Shubham Modi Mr. Kuldeep Mathur, Mr. D.S. Sodha Mr. C.P. Soni Mr. Pankaj Sharma, AAG assisted by Mr. Deepak Chandak Mr. S.K. Vyas

HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS

Judgment

Reserved on : 17/12/2021 Pronounced on : 06/01/2022

1. In the year 2007, the present writ petition came to be filed

by the serving Junior Engineers for the following reliefs :-

"(a) respondents may be directed to prescribe promotion quota in the recruitment to the posts of

(2 of 2) [CW-13774/2016]

Feeder Manager to the same extent as it is there for the post of Asstt. Engineers as per the Regulations of 1969 or in alternate, provide atleast one promotional opportunity to the serving Jr. Engineers to the post of Feeder Manager.

(b) pleased to direct the respondents not to fill up the posts of Feeder Manager till sufficient promotion quota for serving degree and diploma Jr. Engineers is provided.

(c) Further be pleased to quash and set aside the advertisement dated 14.02.2007 and the Resolution passed by the Coordination Committee for recruitment of the posts of Feeder Manager only by direct recruitment."

2. The instant writ petition, which was registered as SB Civil

Writ Petition No.2391/2007 at Jaipur Bench, came to be

transferred to the principal seat by the order of Hon'ble the Chief

Justice dated 28.09.2016.

3. During the pendency of the writ petition, the recruitment to

the post of Feeder Manager has already been held in the year

2007 and 2008 and such post has been treated as dying cadre.

4. That apart, in changed circumstances, the post of Feeder

Manager has been merged with Assistant Engineer.

3. In view of the aforesaid and in view of the adjudication made

by us in DB Civil Writ Petition No.13772/2016 (D.K. Garg & Anr.

Vs. State of Raj. & Ors.), no interference is warranted.

4. The writ petition is, therefore, dismissed.

5. Stay application also stands dismissed.

(RAMESHWAR VYAS),J (DINESH MEHTA),J

ArunV/-

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