Chattisgarh High Court
Pooja Topno vs Chhattisgarh State Power Distribution … on 25 April, 2025
1
WPS No. 5228 of 2024
& Other connected matters
2025:CGHC:18734
NAFR
RAHUL HIGH COURT OF CHHATTISGARH AT BILASPUR
JHA
Digitally signed
Order reserved on 22-04-2025
by RAHUL JHA
Date: 2025.04.25
12:11:32 +0530
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.)
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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.
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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
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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
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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.
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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.
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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.)
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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)
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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.)
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.)
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WPS No. 5228 of 2024
& Other connected matters
---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. 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)
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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.)
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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.)
Respondent(s)
(Cause-title taken from Case Information System)
For Respective : Mr. V.R. Tiwari, Senior Advocate along with Mr.
Petitioner(s)
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.
C A V Order
Per Bibhu Datta Guru, J.
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
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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.
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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
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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 109 th 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:-
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सीधी भर्ती एवं विभागीय भर्ती की पदवार शैक्षणिक अर्हतायें
परिशिष्ट-दोक्र. पद का नाम सीधी भर्ती के प्रचलित विभागीय भर्ती के विभागीय मर्ती हेतु
नियम प्रचलित नियम प्रस्तावित परिवर्धन
(1) (2) (3) (4) (5)
1 सहायक न्यूनतम शैक्षणिक कॉलम क्र. (3) में कॉलम क्र. (3) में
अभियंता अर्हताः- चार वर्षीय डिग्री दर्शित न्यूनतम दर्शित न्यूनतम
(ट्रांसमिशन शैक्षणिक अर्हता। एवं शैक्षणिक अर्हता।
एं ड मेकेनिकल-बी.ई./ एवं
डिस्ट्रीब्यूशन बी.टेक./बी.एससी. संबंधित पॉवर कंपनी
./ जनरेशन (इंजीनियरिंग) / ए.एम में कनिष्ठ अभियंता संबंधित पॉवर
/सिविल) आई.ई/पी.टी.डी.सी. इन के पद पर पाँच वर्ष कंपनी में कनिष्ठ
मेकेनिकल / प्रोडक्शन की अर्हकारी सेवा। अभियंता के पद पर
इंजीनियरिंग ब्रांच में। पाँच वर्ष की
न्यूनतम अर्हकारी
इलेक्ट्रि कल-बी.ई./ सदा जिसमें
बी.टेक./बी.एससी प्रशिक्षण अवधि
(इंजीनियरिंग)/ए.एम.आई. शामिल नहीं होगी।
ई./पी.टी.डी.सी. (यदि कोई हो तो)
इइलेक्ट्रि कल/इलेक्ट्रि कल
एण्ड
इलेक्ट्रॉनिक्स/इलेक्ट्रि क
ल एण्ड इन्स्ट्रू मेन्टेंशन
इंजीनियरिंग ब्रांच में।
इलेक्ट्रॉनिक्स-बी.ई./
बी.टेक./
बी.एससी(इंजीनियरिंग)/
ए.एम.आई.ई./
पी.टी.डी.सी. इन
इलेक्ट्रॉनिक्स/इलेक्ट्रॉनिक्
स एण्ड
टेलीकम्यूनिकेशन/इलेक्ट्रॉ
निक्स एण्ड इन्स्ट्रु मेन्टेंशन
इंजीनियरिंग ब्रांच में।
कम्प्यूटर
साईस/इन्फारमे
ं शन
टेक्नोलॉजी -
बी.ई./बी.टेक./बी.एससी.
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(इंजीनियरिंग)/ए.एम.आई.
ई./पी.टी.डी.सी. इन
कम्प्यूटर
साईस/इन्फरमे
ं शन
टेक्नोलॉजी इंजीनियरिंग
ब्रांच में।
सिविल- बी.ई./बी.टेक.
बी.एससी.(इंजीनियरिंग)/
ए.एम.आई.ई./पी.टी.डी.
सी. इन सिविल
इंजीनियरिंग ब्रांच में।
उपरोक्त कोर्स
यू.जी.सी./ए.आई.सी.टी.ई
. से मान्यता प्राप्त
विश्वविद्यालय / संस्थान
से उत्तीर्ण होने चाहिए।
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 109 th
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
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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.
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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
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
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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
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& 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
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& 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
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& Other connected mattersaccordingly. 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.
Sd/-
(Bibhu Datta Guru)
Judge
Gowri/
Rahul