JASWANT SINGH Vs. DELHI ELECTRIC SUPPLY UNDERTAKING

JUDGEMENT

(1.) Challenge is made, in this writ petition by the petitioners, to the orders dated 22.4.1978 and 17.5.1978 whereby the respondents have promoted respondents No.5 to 47 to the post of Assistant Engineers (Electrical). The petitioners have sought for quashing of the said promotion orders with a further direction that the petitioners be considered for promotion to the said post according to the draft R & P Regulations with effect from the date from which the said respondents were promoted with all consequential benefits.

(2.) The petitioners, at the relevant time, were working as Foreman with respondent No.1. According to the petitioners 43 posts were created in the cadre of Assistant Engineers by upgrading the said posts from the cadre of Superintendents (Technical). The said posts, petitioners state, were required to be filled up in accordance with the provisions of draft Recruitment Regulations, in terms of which the petitioners were eligible to be considered for such promotion. It is stated that the respondents however, ignoring the provisions of the draft Recruitment Regulations decided to promote respondents No.5 to 47 to the said posts of Assistant Engineers and accordingly issued the impugned orders which are under challenge in this writ petition.

(3.) Mr. G.D.Gupta, appearing for the petitioner drew my attention to the provisions of the draft Recruitment Rules annexed as Annexure-1 to the writ petition which appear to have been circulated under letter dated 28.10.1975. The said Recruitment Regulations also include the posts of Assistant Engineers (Electrical).