LAWS(SC)-2021-7-40

TEK CHAND Vs. BHAKRA BEAS MANAGEMENT BOARD

Decided On July 29, 2021
TEK CHAND Appellant
V/S
BHAKRA BEAS MANAGEMENT BOARD Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellants were promoted to the post of Leading Fireman on 09.02.2012 under the Bhakra Beas Management Board Class III and Class IV Employees (Recruitment and Conditions of Service) Regulations, 1994 (hereinafter called "the Regulations"). Their promotions have been annulled by the High Court, holding them to be ineligible for promotion under the Regulations.

(3.) The post of Fireman is a feeder post for that of Leading Fireman. The appellants are admittedly senior to respondent no.3 having been appointed as Fireman on 09.02.1991. Respondent no.3 was appointed as Fireman on 09.01.1992. The respondent filed a writ petition claiming to be considered for promotion as Leading Fireman in view of available vacancies. The appellants came to be promoted during the pendency of the writ petition and were impleaded as respondents. No relief was sought against the appellants. The High Court annulled the promotion of the appellants as ineligible under the Regulations, and directed the promotion of respondent no.3.