MAHARASHTRA ELECTRICITY BOARD Vs. V DINKAR SADASHIV SANE

JUDGEMENT

(1.) THIS is an Appeal preferred by Maharashtra State Electricity Board, a statutory corporate body established under Electricity (Supply) Act, 1948, to challenge the legality of Judgment dated January 10, 1991 delivered in Writ Petition No. 2273 of 1984. To appreciate the grievance of the appellant it is necessary to set out few facts which are not in dispute.

(2.) IN the account section of the Appellant the hierarchy of the posts available is (i) Lower division Clerk (ii) Upper Division Clerk (iii) Assistant Accountant (iv) Divisional Accountant and (v) Accounts Officers. It is not in dispute that promotion of an employee to the higher cadre is by rule of seniority-cum-merit. It is equally not in dispute that the post of Accounts Officer is not a selection post and that post is filled in form the cadre of Divisional Accountant by applying the rule of seniority-cum-merit. The respondent was appointed as an Assistant Accountant on april 1, 1963 and was promoted to the post of Divisional Accountant on April 18, 1966. The respondent was compulsorily retired from service with effect from June 4, 1976. The respondent challenged the order of compulsory retirement by approaching the Industrial Tribunal and in march, 1977 the Tribunal set aside the order and directed the Respondent to be reinstated in service.

(3.) ON April 30, 1974 the Appellant published General Order No. 74 dealing with the subject of promotion to higher posts - in respect of employees who have remained in the given post for 10 years or more on May 1974. The Order inter alia recites that on the eve of the 14th Anniversary of the formation of Maharashtra, the Appellant had decided to extend special benefit to such an employee who remained on a given post for 10 years or more without the advantage of promotion. The advantage of promotion was denied to such an employee for (a) want of clear vacancies and (b) the cadre did not provide for any channel of promotion. The General Order provides that such employees should get higher grades provided they have the necessary qualification and experience required for the higher grade. In pursuance of the General Order the appellant framed rules and the rules inter alia provide that the employee who is entitled to the benefit of General Order No. 74 must be otherwise fit for promotion on the basis of overall performance.