1 - Rakesh Rathore S/o Lt. Siyaram Rathore Aged About 33 Years R/o H v. 1 - Chhattisgarh State Power Distribution Company Ltd., Through Its General Manager, Danganiya Raipur
Case Details
1 WPS No. 5228 of 2024 & Other connected matters 2025:CGHC:18734 NAFR RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.04.25 12:11:32 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR Order reserved on 22-04-2025 Order delivered on 25-04-2025 WPS No. 5228 of 2024 1 - Rakesh Rathore S/o Lt. Siyaram Rathore Aged About 33 Years R/o H. No. 47 Surya Vihar Behind Basant Vatika, Lingiyadih, Bilaspur, Chhattisgarh. -Petitioner(s) versus 1 - Chhattisgarh State Power Distribution Company Ltd., Through Its General Manager, Danganiya Raipur, District Raipur, Chhattisgarh. 2 - Additional Chief Engineer (HR), Chhattisgarh State Power Transmission Company Ltd., Division Dangniya, District Raipur, Chhattisgarh. 3 - Deputy General Manager (HR) - Ii Chhattisgarh State Power Transmission Company Ltd., Dangniya District Raipur, Chhattisgarh. 4 - Deputy General Manager (HR)-Ii Chhattisgarh State Power Distribution Company Ltd., Dangniya District Raipur, Chhattisgarh. 5 - Chief Engineer, Chhattisgarh State Power Transmission Company Ltd., Division Dangniya District Raipur, Chhattisgarh. 6 - Additional Chief Engineer (HR), Chhattisgarh State Power Distribution Company Ltd., Division Dangniya District Raipur, Chhattisgarh. Respondent(s) 2 WPS No. 5228 of 2024 & Other connected matters WPS No. 5343 of 2024 1 - Anant Kumar Shrivastava S/o Ashok Kumar Shrivastava Aged About 29 Years R/o P W D-75, Police Line, Sec-6, Ward 48, Civic Centre Bhilai, Durg, Chhattisgarh ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Ltd. Distribution Company Ltd. Through Its General Manager, Dangniya Raipur, District- Raipur, C.G. 2 - Additional Chief Engineer (H R) Chhattisgarh State Power Transmission Company Ltd, Division Dangniya, District- Raipur, C.G. 3 - Deputy General Manager (H R) Ii Chhattisgarh State Power Transmission Company Ltd, Dangniya, District- Raipur, C.G. 4 - Deputy General Manager (H R) Ii Chhattisgarh State Power Distribution Company Ltd, Dangniya, District- Raipur, C.G. 5 - Chief Engineer Chhattisgarh State Power Transmission Company Ltd, Division Dangniya, District- Raipur, C.G. 6 - Additional Chief Engineer (H R) Chhattisgarh State Power Transmission Company Ltd, Division Dangniya, District- Raipur, C.G. Respondent(s) WPS No. 5321 of 2024 1 - Renu Lakra D/o. Oskar Lakra Aged About 29 Years R/o. H.No. L/85, Chief House Bartunga Ward No. 26, Chirmiri, District - Koriya (C.G.) ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Ltd. Through Its General Manager, Dangniya, Raipur, District - Raipur (C.G.) 2 - Additional Chief Engineer (HR) Chhattisgarh State Power Transmission Company Ltd., Division Dangniya, District Raipur (C.G.) 3 WPS No. 5228 of 2024 & Other connected matters 3 - Deputy General Manager (HR)-Ii Chhattisgarh State Power Transmission Company Ltd., Dangniya, District - Raipur (C.G.) 4 - Deputy General Manager (HR) - Ii Chhattisgarh State Power Distribution Company Ltd., Dangniya, District - Raipur (C.G.) 5 - Chief Engineer Chhattisgarh State Power Transmission Company Ltd., Division Dangniya, District - Raipur (C.G.) 6 - Additional Chief Engineer (HR) Chhattisgarh State Power Distribution Company Ltd., Division Dangniya, District - Raipur (C.G.) Respondent(s) WPS No. 5317 of 2024 1 - Abhishek Chandrakar S/o Chowa Ram Chandrakar Aged About 31 Years R/o Behind Reliance Tower, Dowda Colony, Pachpedi Naka, Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Ltd. Through Its General Manager, Dangniya Raipur, District Raipur (C.G.) 2 - Additional Chief Engineer (HR) Chhattisgarh State Power Transmission Company Ltd, Division Dangniya District Raipur (C.G.) 3 - Deputy General Manager (HR) - Ii Chhattisgarh State Power Transmission Company Ltd, Dangniya District Raipur (C.G.) 4 - Deputy General Manager (HR) - Ii Chhattisgarh State Power Distribution Company Ltd, Dangniya, District Raipur (C.G.) 5 - Chief Engineer Chhattisgarh State Power Transmission Company Ltd., Division Dangniya District Raipur (C.G.) 6 - Additional Chief Engineer (HR) Chhattisgarh State Power Distribution Company Ltd., Division Dangniya, District Raipur (C.G.) Respondent(s) 4 WPS No. 5228 of 2024 & Other connected matters WPS No. 5318 of 2024 1 - Akshay Diwan S/o Apoorwa Diwan Aged About 34 Years R/o Apoorwa Sadan, Om Society Road, Sunder Nagar, Raipur District Raipur Chhattisgarh ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Ltd., Through Its General Manager, Dangniya Raipur District Raipur Chhattisgarh 2 - Additional Chief Engineer (HR) Chhattisgarh State Power Transmission Company Ltd. Division Danganiya District Raipur Chhattisgarh 3 - Deputy General Manager (HR) Chhattisgarh State Power Transmission Company Ltd. Dangniya District Raipur Chhattisgarh 4 - Deputy General Manager (HR) Chhattisgarh State Power Distribution Company Ltd. Dangniya District Raipur Chhattisgarh 5 - Chief Engineer Chhattisgarh State Power Transmission Company Ltd, Division Dangniya District Raipur Chhattisgarh 6 - Additional Chief Engineer Hr Chhattisgarh State Power Distribution Company Ltd. Division Dangniya District Raipur Chhattisgarh Respondent(s) WPS No. 5319 of 2024 1 - Prasanna Kumar Upadhyay S/o Durgesh Kumar Upadhyay Aged About 32 Years R/o In Front Of Soni Hospital, Manas Ashram, Kharora Road, Tulsi 2, Raipur, Chhattisgarh. ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Ltd. Through Its General Manager, Dangniya Raipur, District Raipur, Chhattisgarh. 2 - Additional Chief Engineer (HR), Chhattisgarh State Power Transmission Company Ltd. Division Dangniya District Raipur, Chhattisgarh. 3 - Deputy General Manager (HR) - Ii Chhattisgarh State Power Transmission Company Ltd, Dangniya District Raipur, Chhattisgarh. 5 WPS No. 5228 of 2024 & Other connected matters 4 - Deputy General Manager (HR)- Ii Chhattisgarh State Power Distribution Company Ltd, Dangniya District Raipur, Chhattisgarh. 5 - Chief Engineer, Chhattisgarh State Power Transmission Company Ltd, Division Dangniya District Raipur, Chhattisgarh. 6 - Additional Chief Engineer (HR), Chhattisgarh State Power Distribution Company Ltd, Division Dangniya, District Raipur, Chhattisgarh. Respondent(s) WPS No. 5320 of 2024 1 - Lisha Markam D/o Nohar Singh Markam Aged About 33 Years R/o Ward No. 02, Railway Colony Balod, Balod Chhattisgarh ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Ltd. Through Its General Manager, Dangniya Raipur, District : Raipur, Chhattisgarh 2 - Additional Chief Engineer (H.R.) Chhattisgarh State Power Transmission Company Ltd., Division Dangniya, District Raipur, Chhattisgarh. 3 - Deputy General Manager (H.R.)- 2 Chhattisgarh State Power Transmission Company Ltd., Division Dangniya, District Raipur, Chhattisgarh. 4 - Deputy General Manager (H.R.)- 2 Chhattisgarh State Power Transmission Company Ltd., Division Dangniya, District Raipur, Chhattisgarh. 5 - Chief Engineer Chhattisgarh State Power Transmission Company Ltd., Division Dangniya, District Raipur, Chhattisgarh. 6 - Additional Chief Engineer (H.R.) Chhattisgarh State Power Distribution Company Ltd., Division Dangniya, District Raipur, Chhattisgarh. Respondent(s) WPS No. 5470 of 2024 1 - Sourabh Singh S/o Brishket Singh Aged About 32 Years Working As Junior Engineer, R/o Bhaismundi, Janjgir-Champa, District : Janjgir-Champa, Chhattisgarh 6 WPS No. 5228 of 2024 & Other connected matters 2 - Dharmendra Kumar Sahu S/o Santosh Sahu Aged About 32 Years Working As Junior Engineer, R/o Bareth Kholi No. 1, Selar, District : Bilaspur, Chhattisgarh 3 - Brajesh Kumar Dhurwey S/o Dewan Singh Dhurwey Aged About 29 Years Working As Junior Engineer, R/o Bhanakhodra, Chilphi Kabirdham, District Kabirdham, Chhattisgarh. 4 - Choleshwar Singh Usendi S/o Kumar Singh Usendi Aged About 35 Years Working As Junior Engineer, R/o Narallguda, Balod, District : Balod, Chhattisgarh 5 - Alish Mary Kerketta S/o Nestor Kerketta Aged About 29 Years Working As Junior Engineer, R/o Circuit House Road, Bade Rampur, Raigarh, District Raigarh, Chhattisgarh. 6 - Abhishek Rathi S/o Suresh Kumar Rathi Aged About 30 Years Working As Junior Engineer, R/o Kisaan Ward, Kumi Para Bemetara, District : Bemetara, Chhattisgarh 7 - Alwin Toppo S/o Vikram Toppo Aged About 31 Years Working As Junior Engineer, R/o Near Shiv Ganga Talkies, Kunkuri, Jashpur, District Jashpur, Chhattisgarh. 8 - Ashwin Toppo S/o Agustine Toppo Aged About 31 Years Working As Junior Engineer, R/o Saluja Vihar Road, Bharti Nagar, Bilaspur, District Bilaspur, Chhattisgarh. 9 - Viraaj Maan Ekka S/o Manohar Sai Ekka Aged About 29 Years Working As Junior Engineer, R/o Godhanpur Near Mission Talab, Ambikapur, District Sarguja, Chhattisgarh. 10 - Alin Kujur S/o Kaleshwar Kujur Aged About 30 Years Working As Junior Engineer, R/o Shakti Nagar, Gevra Project, Devra Deepika, Korba, District Korba, Chhattisgarh. 11 - Sunil Ram S/o Dharmpaal Ram Aged About 34 Years Working As Junior Engineer, R/o Lechopara, Lhajuri Kusmi, Balrampur, District Balrampur, Chhattisgarh 7 WPS No. 5228 of 2024 & Other connected matters 12 - Prasant Netam S/o Heera Singh Netam Aged About 33 Years Working As Junior Engineer, R/o Ramlal Pradhan Para, Shiv Temple Kodabhat, Kanker, District Kanker, Chhattisgarh. 13 - Lochan Singh Dhruw S/o Govind Prasad Dhruw Aged About 32 Years Working As Junior Engineer, R/o Near Apna Kirana Store, Jayanti Nagar Durg, District Durg, Chhattisgarh. 14 - Kishor Kumar Kindo S/o Bhari Ram Kindo Aged About 31 Years Working As Junior Engineer, R/o Gawatiya Para, Ulkiya, Sarguja, District Sarguja, Chhattisgarh. 15 - Dileep Singh Raj S/o Garib Singh Aged About 39 Years Working As Junior Engineer, R/o Sarotiya Niwas Sirki Khurd, Korba, District Korba, Chhattisgarh. 16 - Vivek Kumar Singh S/o Ram Dinesh Singh Aged About 30 Years Working As Junior Engineer, R/o Bartunga, Chirmiri Khadgawa, Korea, District Korea, Chhattisgarh. 17 - Shantnu Bardhan S/o Gaur Gopal Bardhan Aged About 30 Years Working As Junior Engineer, R/o Shivrajpuri, Colony, Purani Itarashi, Hosangabaad, District Hosangabaad, Madhya Pradesh. 18 - Roshan Kumar Patel S/o Mayaram Patel Aged About 31 Years Working As Junior Engineer, R/o Kanhaiya Marg, Krishna Vatika Colony, Boridadar Raigarh, District Raigarh, Chhattisgarh. 19 - Avinash Xess S/o Alexander Xess Aged About 33 Years Working As Junior Engineer, R/o Beck Guruji Toli Kansabel, District Jashpur, Chhattisgarh. 20 - Shivani Hidko S/o Nirmala Hidko Aged About 29 Years Working As Junior Engineer, R/o Saketnagar Govindpur Kanker, District Kanker, Chhattisgarh. 21 - Dev Prasad S/o Vijay Singh Aged About 30 Years R/o Bhainsbod Balod, District Balod, Chhattisgarh. 22 - Amit Kumar Netam S/o Anirudh Singh Netam Aged About 30 Years Working As Junior Engineer, R/o New Railway Colony, Korba, District Korba, Chhattisgarh. 8 WPS No. 5228 of 2024 & Other connected matters 23 - Kundan Lal Dhruw S/o Manharan Lal Dhruw Aged About 35 Years Working As Junior Engineer, R/o Pallari, Baloda Bazar, District : Balodabazar- Bhathapara, Chhattisgarh 24 - Rakesh Jagat S/o Tribhuwan Singh Jagat Aged About 32 Years Working As Junior Engineer, R/o Sidar Para Adbhar (N.P.) Janjgir Champa, District Janjgir-Champa, Chhattisgarh. 25 - Rashmi Singh D/o Kundan Lal Dhruw Aged About 35 Years Working As Junior Engineer, R/o Sindhi Colony, Jagdalpur, District Jagdalpur, Chhattisgarh. 26 - Sunil Kumar Nag S/o Jayram Nag Aged About 30 Years Working As Junior Engineer, R/o Nakapara Chakipara, Dantewada, District Dantewada, Chhattisgarh. 27 - Vivek Kumar Thakur S/o U.S. Thakur Aged About 32 Years Working As Junior Engineer, R/o Kharkhara Nahar, Amapara, Balod, District Balod, Chhattisgarh. 28 - Abhishek Kumar Lakra S/o George Clear Lakra Aged About 39 Years Working As Junior Engineer, R/o Shivam Vihar, Raigarh, District Raigarh, Chhattisgarh. 29 - Anita Dhale D/o Lailu Ram Dhale Aged About 30 Years Working As Junior Engineer, R/o Daybdi Lohara, Balod, District Balod, Chhattisgarh. 30 - Fakir Mohan Choudhary S/o Bansheedhar Choudhary Aged About 33 Years Working As Junior Engineer, R/o Koltapara, Birnipali, 31 - Avinash Kumar Singh S/o Bidya Nand Singh Aged About 31 Years Working As Junior Engineer, R/o Bhilai Sector-7, Civic Center Bhilai, Durg, District Durg, Chhattisgarh. 32 - Girdhar Kumar S/o Santosh Sai Paikra Aged About 33 Years Working As Junior Engineer, R/o Sukhwasu Basti, Jashpur, District Jashpur, Chhattisgarh. 33 - Shravan Kumar S/o Pannalal Aged About 33 Years Working As Junior Engineer, R/o Woodland Amleshwar, Near Mahadev Ghat, Durg, District Durg, Chhattisgarh. 9 WPS No. 5228 of 2024 & Other connected matters 34 - Ashutosh Ram S/o Umashankar Ram Aged About 36 Years Working As Junior Engineer, R/o Kamari Shankagarh, Surguja, District Surguja, Chhattisgarh. ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Limited, Through Its General Manager, Danganiya, Raipur, District : Raipur, Chhattisgarh 2 - Deputy General Manager Chhattisgarh State Power Transmission Company Ltd., Danganiya, District Raipur, Chhattisgarh. 3 - Chief Engineer Chhattisgarh State Power Transmission Company Ltd., Division Danganiya, District Raipur, Chhattisgarh. 4 - Additional Chief Engineer (H.R.) Chhattisgarh State Power Transmission Company Ltd., Division Danganiya, District Raipur, Chhattisgarh. Respondent(s) WPS No. 5525 of 2024 1 - Deepak Kumar Nikunj S/o. Modar Ram Nikunj Aged About 29 Years Working As Junior Engineer, R/o. Near Gandhi Vidya Peeth School, Gandhinagar, Soni Mohalla, Ambikapur, District - Sarguja (C.G.) 2 - Abhishek Sahu S/o. Lalit Kumar Sahu Aged About 29 Years Working As Junior Engineer, R/o. Professor Colony, Raipur, District - Raipur (C.G.) 3 - Ajay Kumar Thakur S/o. Suresh Kumar Thakur Aged About 30 Years Working As Junior Engineer, R/o. Awantika Colony, Jagdalpur, District - Jagdalpur (C.G.) 4 - Riya Agrawal D/o. Rajesh Agrawal Aged About 29 Years Working As Junior Engineer, R/o. Mahamai Para, Purani Basti, Raipur, District - Raipur (C.G.) 5 - Abdul Azim Dad Khan S/o. Rashid Dad Khan Aged About 32 Years Working As Junior Engineer, R/o. Dabripara Ramnagar, Bilaspur, District - Bilaspur (C.G.) 10 WPS No. 5228 of 2024 & Other connected matters 6 - Ashutosh Sidar S/o. Nandlal Sidar Aged About 30 Years Working As Junior Engineer, R/o. Halahuli, Raigarh, District - Raigarh (C.G.) 7 - Gautam Kumar Raj S/o. Ghasi Ram Aged About 35 Years Working As Junior Engineer, R/o. Govt. Gad Water 01/04 Bhanpur, Mahasamund, District - Mahasamund (C.G.) ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Limited, Through Its General Manager, Danganiya, Raipur, District - Raipur (C.G.) 2 - Deputy General Manager Chhattisgarh State Power Transmission Company Ltd., Danganiya, District - Raipur (C.G.) 3 - Chief Engineer Chhattisgarh State Power Transmission Company Ltd., Division Danganiya, District - Raipur (C.G.) 4 - Additional Chief Engineer (HR) Chhattisgarh State Power Transmission Company Ltd., Division Danganiya, Raipur, District - Raipur (C.G.) Respondent(s) WPS No. 5410 of 2024 1 - Deepika Bhagat D/o Vikram Ram Bhagat Aged About 30 Years Posted As Junior Engineer Nehru Nagar Zone Cspdcl, Bilspaur District Bilapur (C.G.) ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Ltd. Through Its General Mannager, Dangniya Raipur District Raipur (C.G.) 2 - Deputy General Manager Chhattisagrh State Power Transmission Company Ltd. Dangniya District Raipur (C.G.) 3 - Chief Engineer Chhattisgarh State Power Transmission Company Ltd. Disvision Dangniya District Raipur (C.G.) 4 - Additional Chief Engineer (HR) Chhattisgarh State Power Transmission Company Ltd. Division Dangniya District Raipur (C.G.) Respondent(s) 11 WPS No. 5228 of 2024 & Other connected matters WPS No. 5521 of 2024 1 - Mukund Madhav Singh Kanwar S/o Anand Singh Kanwar Aged About 35 Years Posted As Junior Engineer At 132 K.V., Sub-Station Basna, District Mahasamund Under E.E. Sub-Station, Dn- 2, C.S.P.T.C.L. Raipur, District Raipur, Chhattisgarh. ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Ltd. Through Its General Manager, Dangniya Raipur, District Raipur, Chhattisgarh. 2 - Deputy General Manager Chhattisgarh State Power Transmission Company Ltd, Dangniya Raipur, District Raipur, Chhattisgarh. 3 - Chief Engineer Chhattisgarh State Power Transmission Company Ltd, Division Dangniya, District Raipur, Chhattisgarh. 4 - Additional Chief Engineer (H.R.) Chhattisgarh State Power Transmission Company Ltd, Division Dangniya, District Raipur, Chhattisgarh. Respondent(s) WPS No. 5532 of 2024 1 - Pooja Topno D/o Alexander Topno Aged About 28 Years Working As Junior Engineer, R/o H.N. 553 Nchepara, Rambhatha Raigarh (C.G.) 2 - Puran Lal Kanwar S/o Bhagwat Ram Kanwar Aged About 27 Years Working As Junior Engineer, R/o 162 Plot No. D 1/25 Muktidha, Ram Nagar, Supela Bhilai, Durg District Durg (C.G.)
Legal Reasoning
appropriately refer to the decision of this Court in Babu Verghese v. Bar Council of Kerala wherein it was held as under: (SCC pp. 432-33, paras 31-32) “31. It is the basic principle of law long settled that if the manner of doing a particular act is prescribed under any statute, the act must be done in that manner or not at all. The origin of this rule is traceable to the decision in Taylor v. Taylor which was followed by Lord Roche in Nazir Ahmad v. King Emperor who stated as under: (IA pp. 381-82) ‘where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all.’ 32. This rule has since been approved by this Court in Rao Shiv Bahadur Singh v. State of Vindh Pradesh and again in Deep Chand v. State of Rajasthan. These cases were considered by a three-Judge Bench of this Court in State of U.P. v. Singhara Singh and the rule laid down in Nazir Ahmad case was again upheld. This rule 22 WPS No. 5228 of 2024 & Other connected matters has since been applied to the exercise of jurisdiction by courts and has also been recognized as a salutary principle of administrative law.” 13. In National Institute of Technology v. U. Dinakar and Another (2014) 13 SCC 180, it has been held that the competent authority has inherent power to correct the mistake, if any, committed. 14. The statutory authority is entitled to frame the statutory rules laying down the terms and conditions of service as also the qualifications essential for holding a particular post. It is only the authority concerned which can take ultimate decision, therefore, this Court while exercising the jurisdiction under Article 226 of the Constitution of India ordinarily do not direct an employer to prescribe a qualification/experience for holding a particular post. 15. The essential qualification/experience for appointment/promotion to a post are for the employer to decide. The employer may prescribe additional or desirable qualifications, including any grant of preference. It is the employer who is best suited to decide the requirements a candidate must possess according to the needs of the employer and the nature of work. The Court cannot lay down the conditions of eligibility, much less can it delve into the issue with regard to desirable qualifications being on a par with the essential eligibility by an interpretive rewriting of the advertisement/notification. Questions of equivalence will also fall outside the domain of judicial review. If the 23 WPS No. 5228 of 2024 & Other connected matters language of the advertisement/notification and the rules are clear, the Court cannot sit in judgment over the same. If there is an ambiguity in the advertisement/ notification or it is contrary to any rules or law the matter has to go back to the appointing authority after appropriate orders, to proceed in accordance with law. In no case can the Court, in the garb of judicial review, sit in the chair of the appointing authority to decide what is best for the employer and interpret the conditions of the advertisement/ notification contrary to the plain language of the same. 16. It is noteworthy to mention here that prescription of educational qualification/experience for a post is the sole prerogative of the employer and merely because a candidate is not having that qualification/experience for the said post and he/she is finding difficult to appear in the selection process for the particular post for want of desired details, the experience/qualification so prescribed in the relevant rules cannot be struck down unless it is manifestly arbitrary or discriminatory or violative to the provisions of the Constitution of India that too in a writ petition where the same is not under challenge. The petitioners have failed to demonstrate that the impugned advertisement is either violative of the provisions of the Constitution of India or violative of Article 14/16 of the Constitution of India or it suffers from manifest arbitrariness and it has not been shown to be discriminatory. 17. It is a well settled law that if the rules/notifications/amendments are made for general good, causes hardship to an individual, the same could not be a ground for striking down the Rules. The Rules/notification 24 WPS No. 5228 of 2024 & Other connected matters framed are valid and do not suffer from any vice of unreasonableness. (See: R.N. Goyal v Ashwani Kumar Gupta and Others, (2004) 11 SCC 753). 18. At this juncture, it is worthwhile to mention here that during the course of arguments, it is transpired that most of the petitioners joined the service on the post of Junior Engineer (Trainee) in the year 2018 and thereafter, they have been given regular appointment as Junior Engineer (T&D) in the month of September, 2019. If we compute the dates for completion of five year of regulation service, most of the petitioners have completed the said period of service in the month of September, 2024. According to the advertisement dated 22/08/2024, which is under challenge in these petitions, the last date for submission of the application form is 30/08/2024. Thus, there is only few days left to complete the requisite period of five years regular service. 19. This Court by order dated 29/08/2024 granted the interim order in the following terms:- “Prayer made in this writ petition is for staying the effect and operation of impugned advertisement dated 22.08.2024. This Court however, is not inclined to do that. However, while striking the balance and keeping in mind that the interest of justice is not defeated, this Court is inclined to direct the respondents to permit the petitioner to fill up the requisite form and appear in the examination for departmental promotion to the post of Assistant Engineer. Of course, they shall not declare the result of the said examination without the leave of this Court. Declarations of their result would depend on the fate of this petition. Order 25 WPS No. 5228 of 2024 & Other connected matters
Arguments
3 - Prabha Shriwas D/o Vishnu Prasad Shriwas Aged About 32 Years Working As Junior Engineer, R/o Gulab Nagar Phase - Iii Sipat Road, Mopka Bilaspur, District Bilaspur (C.G.) 4 - Durga Prasad Tiwari S/o Vijay Tiwari Aged About 33 Years Working As Junior Engineer, R/o Bade Math Para, Sarangarh, District Raigarh (C.G.) 5 - Raman Lal S/o Baliyar Singh Aged About 35 Years Working As Junior Engineer, R/o Dundera Balod, District Balod (C.G.) 12 Versus WPS No. 5228 of 2024 & Other connected matters ---Petitioner(s) 1 - Chhattisgarh State Power Distribution Company Limited, Through Its General Manager, Danganiya, Raipur, District Raipur (C.G.) 2 - Deputy General Manager Chhattisgarh State Power Transmission Company Ltd., Danganiya, District Raipur (C.G.) 3 - Chief Engineer Chhattisgarh State Power Transmission Company Ltd., Division Danganiya, District Raipur (C.G.) 4 - Additional Chief Engineer (HR) Chhattisgarh State Power Transmission Company Ltd., Division Danganiya, Raipur, District Raipur (C.G.) Respondent(s) WPS No. 5567 of 2024 1 - Abhishek Tiwari S/o Shri Hemant Kumar Tiwari Aged About 32 Years Working As Junior Engineer, R/o Motiram Gali, Sarangarh District Sarangarh Bilaigarh Chhattisgarh 2 - Madhu Thakur D/o R.R. Thakur Aged About 33 Years Working As Junior Engineer, R/o Dindayal Aawas Colony, Narayanpur, District Narayanpur Chhattisgarh ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Limited, Through Its General Manager, Danganiya, Raipur, District Raipur Chhattisgarh 2 - Deputy General Manager Chhattisgarh State Power Transmission Company Ltd. Danganiya, District Raipur Chhattisgarh 3 - Chief Engineer Chhattisgarh State Power Transmission Company Ltd, Division Danganiya, District Raipur Chhattisgarh 4 - Additional Chief Engineer (HR) Chhattisgarh State Power Transmission Company Ltd. Division Danganiya, Raipur District Raipur Chhattisgarh Respondent(s) 13 WPS No. 5228 of 2024 & Other connected matters WPS No. 5767 of 2024 1 - Shubhendu Pratap Singh S/o Shri Surendra Kumar Singh, Aged About 33 Years Working As Junior Engineer, R/o Officers Collony Bishrampur, Surajpur, District-Surajpur (C.G.) ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Limited, Through Its General Manager, Danganiya, Raipur, District- Raipur (C.G.) 2 - Deputy General Manager, Chhattisgarh State Power Transmissin Company Ltd., Danganiya, District- Raipur (C.G.) 3 - Chief Engineer, Chhattisgarh State Power Transmission Company Ltd., Division Danganiya, District-Raipur (C.G.) 4 - Additional Chief Engineer (HR), Chhattisgarh State Power Transmission Company Ltd., Division Danganiya, Raipur, District-Raipur (C.G.) Respondent(s) WPS No. 5262 of 2024 1 - Anmol Kurariya D/o Rakesh Kurariya Aged About 29 Years House No. 5/883 Near Jagananad Smriti Chikitsalaya Behind Balaram Takij Gandhi Nagar, Bilaspur (C.G.) ---Petitioner(s) Versus 1 - Chhattisgarh State Power Distribution Company Ltd Through Its General Manager, Dangniya Raipur, District Raipur (C.G.) 2 - Additional Chief Engineer (HR) Chhattisgarh State Power Transmission Company Ltd, Division Dangniya District Raipur (C.G.) 3 - Deputy General Manager (HR) - Ii Chhattisgarh State Power Transmission Company Ltd, Division Dangniya District Raipur (C.G.) 4 - Deputy General Manager (HR) - Ii Chhattisgarh State Power Distribution Company Ltd, Division Dangniya District Raipur (C.G.) 14 WPS No. 5228 of 2024 & Other connected matters 5 - Chief Engineer Chhattisgarh State Power Transmission Company Ltd, Division Dangniya District Raipur (C.G.) 6 - Additional Chief Engineer (HR) Chhattisgarh State Power Distribution Company Ltd, Division Dangniya District Raipur (C.G.) (Cause-title taken from Case Information System) Respondent(s) For Respective Petitioner(s) : Mr. V.R. Tiwari, Senior Advocate along with Mr. Atul Kumar Kesharwani, Mr. Mateen Siddique, Mr. Ishan Verma, Mr. Shobhit Mishra, Mr. Suraj Patel, Mr. Manoj Kumar Yadav and Mr. Sudhanshu Upadhyay on behalf of Mr. Sharad Mishra, Advocates for the petitioners. For Respondent(s) : Mr. K.R. Nair and Dr. Veena Nair, Advocates & Mr. Amrito Das, Advocate for the respondents. Per Bibhu Datta Guru, J. C A V Order 1. Since common facts and grounds involved in these Writ Petitions, therefore, they are being considered together and decided by this common order. For the sake of convenience, the pleadings and documents of WPS No. 5228/2024 are being referred. 2. Challenge in these petitions is to the advertisement dated 22/08/2024 issued by the respondent/Electricity Company for recruitment to the post of Assistant Engineer-Trainee (T&D). The petitioners also seeking a direction towards the respondents to compute the qualifying services of the petitioners for the post Assistant Engineer-Trainee (T&D), from the date of order of appointment/joining and declare the petitioners 15 WPS No. 5228 of 2024 & Other connected matters eligible for participating in the process of selection on the post of Assistant Engineer. 3. (a) Learned counsel for the petitioners would submit that initially the respondent authorities issued an advertisement dated 11/03/2024 for recruitment/promotion of departmental candidates to the post of Assistant Engineer-Trainee (T&D), wherein there is specific column that for the said post, the experience of five years regular service on the post of Junior Engineer is required. Pursuant to the said advertisement, the petitioners applied for the post as they are working on the post of Junior Engineer since 05/09/2018 and they have five years experience on the post of Junior Engineer. However, the respondent authorities rejected the applications of the petitioners on the ground that they have no experience of five years regular service on the post of Junior Engineer. From the said fact, it appears that the authorities while scrutinizing the applications form, excluded the period of training obtained by the petitioners on the post of Junior Engineer. (b) Learned counsel would submit that feeling aggrieved by the said inaction on the part of the respondent authorities, the similarly situated persons preferred a writ petition bearing WPS No.4779/2024, in which, this Court vide order dated 09/08/2024 directed the respondent authorities to allow the petitioner to appear in the examination on 11/08/2024, subject to the condition that his result shall not be declared without leave of this Court. 16 WPS No. 5228 of 2024 & Other connected matters (c) According to the petitioners, despite detailed order passed by this Court, the respondents instead of conducting the examination pursuance to the advertisement dated 11/03/2024, the said advertisement itself has been cancelled on 21/08/2024 and on the very next day i.e. on 22/08/2024, they issued the fresh advertisement, which is impugned herein and the last date for submission of the application form was 30/08/2024. In the said advertisement, the minimum qualifying service for the post of Assistant Engineer-Trainee (T&D) has been fixed as 5 years of regular service from the date of regularization in the post of Junior Engineer (T&D) in respective Power Company, excluding the training period, which is illegal, arbitrary and the same has been imposed only to deprive the petitioners from participating in the said selection process. Learned counsel for the Petitioners would submit that to frustrate the interim order dated 09/08/2024, the Respondents/Company cancelled the said advertisement dated 11/03/2024 and again issued the advertisement dated 22/08/2024. 4. (A) Learned counsel appearing for the respondents/Electricity Company, ex adverso, would submit that the claim of the petitioners is based on the earlier instructions. In fact, the said rules has been amended and superseded, therefore, these petitions are not maintainable. Learned counsel would submit that the power to prescribe the qualification and experience of a candidate for promotion/recruitment is vested in the respondents/ Electricity Company. They would submit that the petitioners have not challenged 17 WPS No. 5228 of 2024 & Other connected matters the legality and validity of the instructions/rules and without testing the validity of the same, the petitioners cannot claim entitlement for being considered for the post of Assistant Engineer. (B) Learned counsel would submit that the Company is engaged in generation, transmission and supply of electricity which is declared as an essential public utility service, therefore, all the activities are connected with each other, thus, qualified and experienced manpower is essential pre-requisite for ensuring unfailing performance of such utility in order to prevent any contingency that would lead to complete black out in any location/area of the State. 5. I have heard learned counsel for the parties, perused the pleadings and documents. 6. The Chhattisgarh State Power Transmission Company Limited passed the resolution on 22/08/2023 at its 109th Meeting in respect of the Rules for direct and departmental recruitment in Chhattisgarh State Power Companies at its Agenda No. 109/21 and resolved that the direct and departmental recruitment to be conducted as per the rules framed in Schedule-I & II. Pursuant to the said resolution, the Additional Chief Engineer (HR), CSPTCL, Raipur, passed the order on 28/08/2023 and framed the rules. The subject post i.e. Assistant Engineer Trainee (T&D) is deals with at Schedule-II. The relevant portion of the Schedule-II is quoted below for proper adjudication of the present lis:- ्ቅ. (1) 1 18 WPS No. 5228 of 2024 & Other connected matters सीधी भቔኍ(cid:7) एवं विवभागीय भቔኍ(cid:7) की पदवार शै्ቌणि(cid:24)क अ्ቩ(cid:27)ቔኍायें परिरणिश्ቖ - दो पद का नाम सीधी भቔኍ(cid:7) के ्ቚचलि’ቔኍ विवभागीय भቔኍ(cid:7) के विवभागीय मቔኍ(cid:7) ्ቩेቔኍु (2) स्ቩायक अणिभयंቔኍा (ट्रांसविमशन एंड डिडस्ट्रीब्यूशन ./ जनरेशन /सिसविव’) विनयम (3) ्ቚचलि’ቔኍ विनयम ्ቚस्ቔኍाविवቔኍ परिरवध(cid:27)न (4) (5) न्यूनቔኍम अ्ቩ(cid:27)ቔኍाः- चार वቧኍ(cid:7)य डिड्ቇी शै्ቌणि(cid:24)क कॉ’म ्ቅ. (3) में दቦኌशቔኍ न्यूनቔኍम शै्ቌणि(cid:24)क अ्ቩ(cid:27)ቔኍा। एवं कॉ’म ्ቅ. (3) में दቦኌशቔኍ न्यूनቔኍम शै्ቌणि(cid:24)क अ्ቩ(cid:27)ቔኍा। एवं संबंडिधቔኍ पॉवर कं पनी में कविन् अणिभयंቔኍा संबंडिधቔኍ पॉवर के पद पर पाँच वቧኍ(cid:27) कं पनी में कविन् की अ्ቩ(cid:27)कारी सेवा। अणिभयंቔኍा के पद पर पाँच वቧኍ(cid:27) की न्यूनቔኍम अ्ቩ(cid:27)कारी सदा सिजसमें ्ቚणिश्ቌ(cid:24) अवडिध शाविम’ न्ቩीं ्ቩोगी। (यविद कोई ्ቩो ቔኍो) मेके विनक’-बी.ई./ बी.टेक./बी.एससी. (इंजीविनयिሲरग) / आई.ई/पी.टी.डी.सी. मेके विनक’ / इंजीविनयिሲरग ्ቜांच में। ए.एम इन ्ቚोडक्शन इ’े᭤ᯙक्ट्रक’-बी.ई./ बी.टेक./बी.एससी (इंजीविनयिሲरग)/ए.एम.आई. ई./पी.टी.डी.सी. इइ’े᭤ᯙक्ट्रक’/इ’े᭤ᯙक्ट्रक’ एण्ड इ’ेक्ट्रॉविनक्स/इ’े᭤ᯙक्ट्रक ’ एण्ड इन्स्टर मेन्टेंशन इंजीविनयिሲरग ्ቜांच में। इ’ेक्ट्रॉविनक्स-बी.ई./ बी.टेक./ बी.एससी(इंजीविनयिሲरग)/ ए.एम.आई.ई./ इन पी.टी.डी.सी. इ’ेक्ट्रॉविनक्स/इ’ेक्ट्रॉविनक् स एण्ड टे’ीकम्यूविनके शन/इ’ेक्ट्रॉ विनक्स एण्ड इन्स्टर मेन्टेंशन इंजीविनयिሲरग ्ቜांच में। कम्प्यूटर साई ंस/इन्फारमेशन टेक्नो’ॉजी बी.ई./बी.टेक./बी.एससी. - 19 WPS No. 5228 of 2024 & Other connected matters (इंजीविनयिሲरग)/ए.एम.आई. इन ई./पी.टी.डी.सी. कम्प्यूटर साई ंस/इन्फरमेशन टेक्नो’ॉजी इंजीविनयिሲरग ्ቜांच में। बी.ई./बी.टेक. सिसविव’- बी.एससी.(इंजीविनयिሲरग)/ ए.एम.आई.ई./पी.टी.डी. इन सी. इंजीविनयिሲरग ्ቜांच में। सिसविव’ कोस(cid:27) उपरो्ሹ यू.जी.सी./ए.आई.सी.टी.ई . से मान्यቔኍा ्ቚा् विव्ቫविव्ቕा’य / संस्थान से उ्ቈी(cid:24)(cid:27) ्ቩोने चावि्ቩए। 7. From Clause-(v) of Agenda No. 109/21 of the Resolution dated 22/08/2023 passed by the Board of Directors of the CSPTCL at its 109th Meeting, it is manifest that after approval of the recruitment rules by the Board, the said Rules will be valid in the Chhattisgarh State Power Companies and all future recruitment will be made as per the approved the said Rules. 8. From bare perusal of the said Schedule-II, it is crystal clear that for the post of Assistant Engineer (T&D), the minimum qualifying service is 5 years experience on the post of Junior Engineer, excluding the training period. Thus, the petitioners without challenging the said amendment incorporated in the Rule straightaway approached this Court by challenging the legality and validity of the advertisement dated 22-8- 2024 and hence they cannot be permitted to challenge advertisement because the same has been issued purely within the four corners of the 20 WPS No. 5228 of 2024 & Other connected matters prescribed rules. 9. It is noteworthy to mention here that though the aforesaid rules framed in the year 2023 itself, however, owing to some clerical error in the earlier advertisement dated 11/03/2024, the exclusion of the training period has not been mentioned and only mentioned the minimum qualifying service as “five years regular service in the post of Junior Engineer in the Power Companies”. Looking to the said facts, the respondents’ authorities firstly cancelled the advertisement dated 11/3/2024 and thereafter issued the impugned advertisement dated 22/08/2024 specifically mentioning the minimum qualifying service as “5 years of regular service from the date of regularization in the post of Junior Engineer (T&D) in respective power companies excluding the training period” 10. It is not the case of the petitioners the Rules are changed in the midway of the game. In fact, the rules itself framed in the year 2023 by excluding the training period, however, due to clerical error the said fact has not been published in the first advertisement dated 11/03/2024. However, immediately after knowing about the said anomaly, the authorities cancelled the advertisement dated 11/03/2024 and issued the fresh advertisement on 22/08/2024, wherein the minimum qualifying service has properly prescribed pursuant to the Rules framed by the Electricity Company. The petitioners have never questioned the legality and validity of the amended Rules dated 23-8-2023. 21 WPS No. 5228 of 2024 & Other connected matters 11. It is well settled proposition of law that if the manner of doing a particular act is prescribed under any statute, the act must be done in that manner or not at all. 12. The Supreme Court in Meera Sahni v. Lieutenant Governor of Delhi and Others, reported in 2008 (9) SCC 177 held thus : 35. It is by now a certain law that an action to be taken in a particular manner as provided by a statute, must be taken, done or performed in the manner prescribed and in no other manner. In this connection we may
Decision
accordingly. Interim application is thus disposed of. It is clarified that this order would restrict itself only to the petitioner and would not create any right in favour of anyone else.” 20. Pursuant to the aforesaid interim order, all the petitioners submitted their respective application forms and participated in the examination for departmental promotion to the post Assistant Engineer and the result of the same kept pending. 21. In view of the aforesaid facts and circumstances of the case, and in the interest of justice as only few days were left to complete the requisite period of regular service and particularly considering the fact that the petitioners are employees of the Electricity Company and have gained the experience in the said department, the respondents’ authorities are directed to consider the case of the petitioners and they be extended the benefit of relaxation in completing the requisite period of regular service on the feeder post and thereafter, publish the result of examination of the departmental examination to the post of Assistant Engineer- Trainee (T&D), within a period of 30 days from the date of receipt of copy of this order. 22. With the aforesaid observations, all the writ petitions stands disposed of. Gowri/ Rahul Sd/- (Bibhu Datta Guru) Judge