CHARANJIT SINGH NANDA Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Four writ petitions are being disposed of by this judgment. They can be separated into two groups : C.W.P. No. 2584 of 1987 and C.W P. No. 9357 of 1990 may be classified in one group and C.W.P. No. 2244 of 1986 and C.W.P. No. 3275 of 1987 in the other group. Arguments were addressed in C.W.P. No. 2584 of 1987 from which broad facts would be taken into consideration.

(2.) The question involved in these writ petitions is concerning the fixation of seniority of Assistant Engineers inter se promoted from Junior Engineers and others who had passed both parts of the necessary examinations known as AMIE against their quota which varied at different times from 5% to 7%. The service conditions regarding recruitment and fixation of seniority governing the Assistant Engineers and others working in the Haryana State Engineers and others working in the Haryana State Electricity Board are regulated by the Punjab State Electricity Board Service of Engineers (Electricity) Recruitment Regulations, 1965 (as applicable to the Electricity Board in Haryana). These Regulations were framed under Section 79 of the Electricity Supply Act of 1948 by the Punjab State Electricity Board which were subsequently made applicable to the Haryana State Electricity Board. Under Regulation No. 3 the service is to comprise of posts as specified in Appendix 'A' attached thereto which also includes the posts of Assistant Engineers (earlier classified as Assistant Engineers II). There are three methods of recruitment to the post of Assistant Engineers as provided under Regulation No. 6(a), namely, (i) by direct appointment, (ii) by promotion as provided in Regulation No. 9, (iii) by transfer of an officer already in the service of a Government or any other State Electricity Board or an Undertaking of Government. Qualifications for direct appointment are given in Regulation No. 8. Appointment by promotion is governed by Regulation No. 9 which provides 7 per cent quota out of the total strength of Assistant Engineers to be filled by Engineers Subordinates who are Bachelor of Engineering or A.M.I.E. during the service of the Board. Qualifications for promotion as Assistant Engineers from other sources by promotion for the remaining quota is also provided under Regulation No. 9. Regulation No. 11 provides that appointment by promotion shall be made on the basis of merit and suitability in all respects with due regard to seniority and that no officer shall have any claim to promotion as a matter of right on the basis of mere seniority. Regulation No. 15 deals with the subject of fixation of seniority of the members of the service which is reproduced as under :-

(3.) In the meeting of the Board held on December 31, 1976, a decision was taken by the Board which is contained in Annexure P2 and is reproduced as under :-