S.B. Civil Writ Petition No.3072/2010 Ram Niwas Bairwa & Ors. Vs. Raj. Rajya Vidhyut Utpadan Nigam Limited, Jaipur Date of Order: 7.4.2010 HON'BLE MR. PRAKASH TATIA, J. Mr. Himanshu Shrimali, for the petitioner. Heard learned counsel for the petitioner. The petitioner's contention is that the recruitment can be made as per Annex.4 dated 3.2.2007 which appears to be an order issued by the Jodhpur Vidhyut Vitran Nigam Limited and according to the petitioner, a copy of this order was supplied to the petitioner when he demanded copy of the Rules governing the recruitment for the post of Junior Engineers in Jodhpur Vidhyut Vitran Nigam Limited. Learned counsel for the petitioner submits that the respondents have issued advertisement (Annex.12), which was published on 27.2.2010, by which the respondents wants to recruit Junior Engineer-I in different trades and the respondents on earlier occasions invited applications for Junior Engineer-I and Junior Engineer-II both as they are required to be filled in the proportion of 1:1, as provided in Annex.4 dated 3.2.2007. Learned counsel for the petitioner, however, admitted the fact that the petitioners are diploma-holders and the post of Junior Engineer-I is available for decree-holders. The petitioners are, therefore, eligible for the post of Junior Engineer-II. It appears that in Clause(A) of the order dated 3.2.2007, it is mentioned that 88 Nos. of posts of Junior Engineer-I/II (Electrical) shall be filled in the ratio of 1:1 from the persons possessing the requisite experience, however, as per sub-clause (ii) of Clause (B) of the order dated 3.2.2007, the post of Junior Engineer-I is available only for the degree-holders whereas the post of Junior Engineer-II is available for the candidates holding Diploma in Engineering (Electrical) or equivalent, therefore, for these two posts separate applicants can be invited as these two posts are separate. If the employer decided to fill in post of Junior Engineer-I and have not decided to fill in Junior Engineer-II post, then if proceeded to invite application for Junior Engineer-I i.e., the petitioner who is not eligible for the post of Junior Engineer-I cannot have any grievance. It is employer's discretion when to fill the post of a particular cadre. At this juncture, it will be appropriate to note that the learned counsel for the petitioner has relied upon the interim order of this Court passed in S.B. Civil Writ Petition No.2245/2010. That interim order was passed for the service in Jodhpur Development Authority wherein though there was issue involved about appointment to the post of Engineers – degree holder and diploma holder but for those appointments, there were separate Rules were framed and were applicable, which is apparent from the order dated 9.3.2010. The facts of the said case has no relevance to the facts of the present case as each appointment is governed by its own Rules and not by the Rules of the other Department. In view of the above reasons, I do not find merit in the petition. Accordingly, the writ petition is dismissed. [PRAKASH TATIA],J. Sanjay/-