PARSHAN RAM LOCHAM Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner who is a Scheduled Caste was promoted as Superintending Engineer and joined as such on September 18, 1986 as per office order dated 5.1.1989 issued by the Punjab State Electricity Board (hereinafter called the Board). The next higher post to which promotion can be made is that of Chief Engineer. It is the admitted case of the parties that the policy of reservation in regard to promotion was introduced w.e.f. March 6, 1974. No Scheduled Caste officer from amongst the Superintending Engineers was, however, promoted as Chief Engineer till 6.8.1982 as according to the Board no eligible scheduled caste officer was available for promotion. It may be mentioned that the minimum necessary qualifiation for promotion as Chief Engineer is the possession of a degree of Bachelor of Engineering with five years experience as a Superintending Engineer. One Shri M.S. Sandhu who is a scheduled caste was promoted by the Board as Chief Engineer on 6.8.1982 and thereafter, many more promotions were made from the general category. Again, one Sh. P.R. Bhatti, who is a scheduled caste was promoted to the post of a Chief Engineer on 1.6.1987 and at present these are the only two Scheduled Caste officers who are working as Chief Engineers. There are 18 cadre posts of Chief Engineers with the Board and according to it, two posts of Chief Engineers who are sent on deputation with the Bhakra Beas Management Board are not included in the cadre strength of the Board. The service to which the petitioner belongs is governed by the Punjab State Electricity Board Service of Engineers (Electrical) Regulations, 1965 (for short, the Regulations). According to Regulation 12-A, 16 per cent of the posts to be filled up by promotion to or within Class I and II Service in the Board shall be reserved for members of the scheduled castes and backward classes (14 per cent for members of scheduled castes and 2 per cent for members of backward classes) subject to the following conditions:

(2.) This regulation-further prescribes the roster according to which in a lot of 100 vacancies occurring from time to time, those falling at serial numbers mentioned below shall be treated as reserved for the members of the scheduled castes:

(3.) The grievance of the writ petitioner is that right from the day when the policy of reservation for promotion was introduced in March 1974 not a single post was filled up from amongst the Scheduled Caste candidates and the first appointment in this regard was of Mr. M.S. Sandhu, who was promoted on 6.8.1982. The contention is that the posts falling to the share of the scheduled castes right from 1973 onwards should be calculated by the Board according to the roster prescribed by Regulation 12-A of the Regulations and the same be filled up by Scheduled Caste candidates, if available.