PUNJAB STATE ELECTRICITY BORAD Vs. JAGDEV SINGH

JUDGEMENT

(1.) The appellant, Punjab State Electricity Board Ltd. (in short "the Board") has questioned correctness of the judgment rendered by a learned Single Judge of the Punjab and Haryana High Court dismissing the second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (in short "CPC").

(2.) A suit was filed by the respondent-plaintiffs in the Court of Senior Sub-Judge, Patiala for declaration with consequential relief of permanent injunction. They claimed to be entitled to be considered for promotion as Assistant Engineer (Electrical) in terms of the order dated 5-10-1989 passed by the Board, being Technical Subordinates Grade I. Relief of permanent injunction was claimed for restraining the Board and its functionaries from promoting any Technical Subordinate Grade I on the basis of the departmental examination, as the plaintiffs were senior to private defendants, and had qualified in the departmental examination held on 15-5-1991. The examination was conducted on 26-3-1991. Certain employees who were juniors to the plaintiffs were promoted on 23-5-1991. These persons had passed the departmental examination on 19-11-1990.

(3.) The suit was dismissed by the trial court. In appeal, the first appellate court observed that the plaintiffs were entitled for promotion from the date their juniors were promoted as Assistant Engineer (Electrical) vide order dated 23-5-1991 with all consequential benefits. The Board questioned correctness of the decision by filing the second appeal which has been dismissed by the impugned order holding that when the promotion order was passed with regard to the private defendants, the plaintiffs were eligible for promotion and since the private defendants were juniors, the plaintiffs had acquired a right for consideration for promotion from the date their juniors were promoted.