LAWS(SC)-1986-10-28

PUNJAB STATE ELECTRICITY BOARD PATIALA GURDIALSINGH PUNJAB STATE ELECTRICITY BOARD PATIALA Vs. RAVINDER KUMAR SHARMA:PUNJAB STATE ELECTRICITY BOARD PATIALA:RAVINDER KUMAR SHARMA

Decided On October 27, 1986
PUNJAB STATE ELECTRICITY BOARD PATIALA Appellant
V/S
RAVINDER KUMAR SHARMA Respondents

JUDGEMENT

(1.) These two appeals by special leave one by the Punjab State Electricity Board, Patiala and the other by Gurdial Singh and others, who were defendants-respondents 3, 4, 6 and 7 in Civil Suit No. 293T/16-1-181/17-7-80 passed in R.S.A. No. 254/38 whereby the judgments and the decrees of the courts below were affiirmed decreeing the plaintiff-respondent's suit declaring that the plaintiff-respondent be deemed to have been promoted from the date when his juniors as mentioned in the suit were promoted to the posts of Line-Superintendents.

(2.) The case of the plaintiff in short is that the plaintiff-respondent Ravinder Kumar Sharma joined the service under respondent 1, Punjab State Electricity Board as a Line Man on 25th December, 1969 and he worked as apprentice Line Man from 29-12-1969 to 28-12-1970 on a fixed salary of Rs. 140/- per month. Thereafter he was allowed regular scale of pay of Rs. 110-330 since the date of his joining as a Line Man. The terms and conditions of the service of the Line Man as well as of the Line Superintendent are governed by the rules framed by the Punjab Government in exercise of its powers under Art. 309 of the Constitution which were termed as P.W.D. (Electricity Branch) Provisional Class III (Subordinate Posts) Rules 1952. Subsequently the State Electricity Board came into being and the Electricity Department came under the administration of the State Electricity Board.

(3.) The plaintiff has stated in the plaint that as a Line Man he had been performing his duties efficiently and honestly and there was never any complaint against his work. His work and conduct had always been appreciated by his superiors from time to time. He possesses the following qualifications:-