IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12620 of 2010 1. RAM CHANDRA LAL DAS S/O LATE VIJAY NARAYAN DAS R/O VILL.- KHAROUA, P.O.- SIRKHARIA, VIA- TULAPATIGANJ BAZAR, P.S.- PHULPARAS, DISTT.- MADHUBANI (BIHAR), AT PRESENT RESIDING IN QUARTER NO. - CAB - E/8, ELECTRICITY BOARD COLONY, P.O. +P.S.- SHASTRINAGAR, PATNA- 800023 Versus 1. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN VIDYUT BHAWAN, BAILEY ROAD, PATNA 2. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 3. THE SECRETARY BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 4. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN, BAILEY ROAD, PATNA 5. THE ELECTRICAL SUPERINTENDING ENGINEER PESU (WEST) CIRCLE, MANGLES ROAD, PATNA-800015 6. SATYENDRA KUMAR SINGH, ELECTRICIAN 33/11 KW POWER SUB- STATION, RAJAPUR POOL, EAST BORING CANAL ROAD, P.O.- G.P.O., PATNA 7. VYASDEO SINGH, ELECTRICIAN, 33/11 KW POWER SUB-STATION, MAURYA LOK, P.O.- G.P.O., P.S.- KOTWALI, PATNA – 800001 with CWJC No.12638 of 2010 1. AKSHAYBAR DAYAL SRIVASTAVA S/O LATE KAMLA KANT LAL SRIVASTAVA R/O 40 NORTH LOKPUR NAINI, P.O. & P.S.- NAINI, ALLAHABAD- 211 008, AT PRESENT RESIDING IN QUARTER NO. – HF/209, ELECTRICITY BOARD COLONY, P.O.+P.S.- SHASTRINAGAR, PATNA-800023 Versus 1. THE BIHAR STATE ELECTRICITY BOARD, THROUGH ITS CHAIRMAN VIDYUT BHAWAN, BAILEY ROAD, PATNA 2. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 3. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 4. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN, BAILEY ROAD, PATNA 5. THE ELECTRICAL SUPERINTENDING ENGINEER PESU(WEST) CIRCLE, MANGLES ROAD, PATNA-800015 6. SATYENDRA KUMAR SINGH, ELECTRICIAN 33/11 KW POWER SUB- STATION, RAJAPUR POOL, EAST BORING CANAL ROAD, P.O.- G.P.O., PATNA 7. VYASDEO SINGH, ELECTRICIAN 33/11 KW POWER SUB-STATION, MAURYA LOK, P.O.- G.P.O., P.S.- KOTWALI, PATNA – 800001 ----------- For the petitioners : Mr. Mahesh Kumar, Advocate. For the B.S.E.B. : Mr. Ranjit Sinha, Advocate. ====== 2. 23.08.2010. Heard learned counsel for the petitioners and the Bihar State Electricity Board (hereinafter - 2 - referred to as the “Board”). 2. Petitioners in the two writ applications are aggrieved by the office order no. 180 dated 7.9.2009, Annexure-8 in both the writ applications, whereunder the two petitioners promoted on the post of Electrician vide office order no. 151 dated 15.7.2009 have been reverted to their original post of Switch Board Operator (Grade-I) in compliance of the orders of the Joint Secretary of the Board contained in letter no. 1489 dated 6.7.2009, Annexure-7. 3. It is submitted on behalf of the petitioners that before passing of the impugned order dated 7.9.2009, Annexure-8 as also earlier order dated 6.7.2009, Annexure-7 they were not heard either by the Joint Secretary or the Electrical Superintending Engineer of the Board and the order reverting them from the higher post of Electrician to the lower post of Switch Board Operator (Grade-I) has been passed contrary to the instructions of the Board contained in notification no. 113 dated 8.5.1978, Annexure-9 which inter alia provides that once the employee of the Board is transferred at his own request he shall lose his seniority in the cadre. In this - 3 - connection, it is submitted that Private Respondent Nos. 6 and 7 were transferred on administrative ground to the Mithila Area Board, Darbhanga and Kosi Area Board, Saharsa under orders of the Board bearing no. 5876 dated 14.10.2000 and 5929 dated 17.10.2000, Annexures- 1 and 2 and on their own request have been brought back to the Patna Electric Supply Undertaking under office order no. 2331 dated 13.6.2003, Annexure-3. It is submitted on behalf of the petitioners that once the petitioners have been brought back to PESU on their own request they have to lose their seniority as after their transfer to Darbhanga and Saharsa on administrative ground their cadre stood transferred from Patna Area Board to Darbhanga and Saharsa Area Board. 4. As the petitioners have not been heard by the Joint Secretary of the Board before he issued order bearing letter no. 1489 dated 6.7.2009, Annexure-7 restoring the seniority of the private respondents over the seniority of the petitioners as also by the Superintending Engineer before the Superintending Engineer cancelled their promotion on the post of - 4 - Electrician under order dated 7.9.2009, Annexure-8, I deem it expedient to direct the petitioners to represent before the Secretary of the Board against the two orders dated 6.7.2009 and 7.9.2009 passed by the Joint Secretary and Electrical Superintending Engineer, Annexures 7 and 8 to this application. Let the petitioners file their representation annexing a copy of my order before the Secretary of the Board and the Secretary of the Board after hearing the petitioners as also the two private respondents shall pass appropriate orders on the representation of the petitioners, as early as possible, in any case within a period of two months from the date of receipt of the representation. In case representation of the petitioners is allowed they shall be paid arrears of salary of the post of Electrician for the period during which they stood reverted in the light of the order dated 7.9.2009, Annexure-8. 5. The writ applications are, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)