ATMARAM Vs. MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioners in this writ petition claim assignment of proper seniority in the post of Chargeman Grade II and consequent deemed dates of promotions and seniority in the higher posts of the Chargeman Grade I, the Assistant Shift Engineer and the Assistant Superintendent on the dates when the respondents 2 to 5 who, according to them, were junior to them in the post of the Chargeman Grade II were promoted to the said higher posts.

(2.) BRIEFLY, the facts are that the petitioners, while working as sub Engineers in the Nagpur Urban Circle of the respondent No. 1 Electricity Board, were appointed as Chargeman Grade-II on purely temporary basis for a period not exceeding three months with effect from 1-1-1976 so far as the petitioners 1,2,4 and 6 are concerned, with effect from 22-1-1976 in the case of the petitioner No. 3, with effect from 10-2-1976, in the case of petitioner No. 5 with effect from 17-1-1976, in the case of the petitioner No. 7 and with effect from 10-1-1976 in the case of the petitioner No. 8 as is clear from the dates shown in their orders of appointment dated 14-1-1976, 23-1-1976 and 13-2-1976 The above appointment of the petitioners was subject to their selection by the competent selection committee. According to the petitioners, they were interviewed for appointment in the said post in Koradi Power Station on regular basis by the competent selection committee on 11-8-1976 except the petitioner No. 3. They were thereafter given regular appointment in the post of the Chargeman Grade-II by an order dated 2-9-1976 except in the case of the petitioner No. 3 whose order of appointment is dated 9-11-1976. However, except the petitioner No. 3 the date assigned to them for the regular appointment in the post of Chargeman Grade-II was 11-8-1976 on which date the competent selection committee, as stated above, interview them. As regards the petitioner No. 3, the date assigned to him for his regular promotion was 20-10-1976 on which date he was interviewed for the above post. As regards the respondents 2 to 5, they were interviewed by the Competent Selection Committee for the post of Chargeman Grade II in Nasik Power Station and thereafter were appointed as direct recruits in the post of Chargeman Grade II by the orders dated 7-5-1976, 19-5-1976, 19-5-1976 and 10-4-1976 respectively. The actually joined the said posts with effect from 15-5-1976, 16-9-1976, 15-9-1976 and 10-4-1976 respectively. However, for the purpose of seniority, they were assigned the deemed date of appointment in the said post of the Chargeman Grade II as 30-3-1976 i. e. the date of their interview for the said post.

(3.) IT is necessary to see that the post of the Chargeman Grade II is borne on generation side in the respondent No. 1 Electricity Board and the channel of promotion from the post of the Chargeman Grade II upto the post of the Assistant Superintendent on generation side is as follows:--- From Chargeman Grade II to Chargeman Grade I to Assistant Shift Engineer to Assistant Superintendent. According to the petitioners, they as well as the respondents 2 to 5 were promoted to the next higher post of the Chargeman Grade I on 14-8-1976, but the respondent No. 1, Board according to whom the respondents 2 to 5 were senior to the petitioners in the post of Chargeman Grade-II on the basis of the combined seniority of all the Power Stations, assigned to them the deemed date of 11-2-1978 for regular promotion in the post of the Chargeman Grade I. No such deemed date of promotion in the said post of the Chargeman Grade I was, however, given to the petitioners although they were promoted to the said post simultaneously with the respondents 2 to 5 on 14-8-1979.