CWP(T) No.7254/2008 24.08.2010 Present: None for the petitioner. Mr. Shashi Shirshoo, Advocate, for the respondents Court notice was issued to the petitioner as also his counsel. None has entered appearance on behalf of the petitioner. 2. As is apparent from the record, petitioner applied for the post of Junior Engineer (Electrical) against general category quota. 3. Respondents in their reply have stated as under:- “That the respondents be directed to implement Annexure A-VII and appoint applicant as Junior Engineer, Electrical as per Ex-Serviceman quota for the post etc. etc. In context, the replying respondents submit with utmost respect that the H. P. State Electy. Board is a body corporate incorporated U.S.-5 of the Statute namely Electricity (Supply) Act, 1948 having perpetual succession and a common seal with powers to acquire and hold property both moveable and immoveable. Section 79 of the act ibid empowers the HPSEB, Board to make its rules and Regulation. It is the respectful submission of the replying respondents that in exercise of its powers to frame rules and regulations etc. the replying respondents have since framed Recruitment and Promotion Regulations for all the categories of employees including the category of Junior Engineers. According to the provisions of R&P Regulations, 1980 a copy of which is placed on record as Annexure-RA-1, 80% posts are to be filled up by direct recruitment from amongst the personnals having Matric as basic qualification with diploma in Elect. Engineering from the recognized institution (and within the age group of 18 to 27). However, lateron the Govt. of Himachal Pradesh (in exercise of powers vested under article 309 of the constitution in consultation with the H.P. Public Service Commission amended H.P. Civil Service Bharti (Adhiktam Ayu Seema) Nimavali Rules, 1980 vide its notification dated 27.3.98 Annexure RA-II and substituted age limit for direct recruitment in Class-III & IV service to 38 years, relaxable for SC/ST/Other categories to the extent permissible under the general and special orders of the State Govt. issued from time to time. This upper age limit of 38 years was made applicable with immediate effect. These instructions raising the upper age limit to H.P. Civil Services Bharti (Adhiktam Ayu Seema) as contained in above notification were also made applicable in the respondent Board vide its office Memorandum dated 18.5.98 Annexure RA-II. Among these posts 20% of the posts are to be filled up by promotion from amongst the Surveyors having 5 years regular service & ITI certificate in the trade as Surveyor and Lineman/ Electricians having 7 years regular service with Matric/I.T.I. certificates in the trade of Electricians. Out of the above 80% direct quota for recruitment, 50% posts are to be filled in on batchwise basis, as is evident from the perusal of notification dated 3.8.98 a copy of which is placed on record as Annexure RA-III and 50% posts are to be filled in through Himachal Pradesh, Subordinate Service Selection Board, Hamirpur as per Annexure RA-III. The H. P. State Electy. Board had conveyed the approval to fill up 100 (One hundred) posts of J.E. (E) against 80% quota of direct recruitment. Out of these 100 posts, 15 posts were required to be filled in from Ex-Servicemen duly sponsored by the Ex-Servicemen Cell, Hamirpur and 3 posts from Physically Handicapped persons. Remaining 82 posts were required to be filled in 50% on batchwise basis and 50% by direct recruitment through Himachal Pradesh, Subordinate Service Board, Hamirpur in view of notification dated 3.8.98 Annexure RA-III. Accordingly the replying respondents have requested the Ex- Servicemen Cell, Hamirpur/ Physically Handicapped Cell, Shimla to nominate/ sponsor the names of 15 Non Ex-Servicemen and 3 Nos Physically Handicapped persons vide letter dated 12.10.99 Annexure RA-IV & V. The applicant herein had the right of consideration of his candidature for the post of J.E. (E) against un-reserved 41 posts being Ex-Servicemen in open competition but cannot seek his selection against the posts filled in on batchwise recruitment of unemployed diploma holders. The upper age limit in the case of Ex-Servicemen in terms of H.P. Govt. Notification dated 28.8.92 would only be relaxable in open competition for direct recruitment against un-reserved posts. It is therefore stated that these instructions contained in annexure A-VIII are not applicable on batchwis recruitment. The selection of Junior Engineer (E) have been made by the duly constituted selection Committee considering all the aspects of the recruitment process in accordance with the R&P Regulations. The action of the replying respondents is perfectly legal, intravires, bonafide and consequently warrants no interference by this Ld. Tribunal.” 4. These averments stand un-rebutted. Keeping in view the reply filed by the respondents, it cannot be said that any legally enforceable right of the petitioner stands violated. With the aforesaid observations, the petition stands disposed off. ( Sanjay Karol ), Judge. August 24, 2010 (rana)