HORBANS LAL SHARMA Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioners are employees of Haryana State Electricity Board. Initially, the petitioners were appointed as Clerks in the service of Punjab Public Works Department (Electricity Branch) and their service conditions were governed by the Punjab Public Works Department (Electricity Branch) State Service Class-III (Subordinate Posts) Rules, 1952 (hereinafter referred to as the 1952 Rules), framed under Article 309 of the Constitution of India. Punjab State Electricity Board was constituted under Section 3 of the Electricity (Supply) Act, 1948 (hereinafter referred to as the Act).

(2.) Though under Section 79 of the Act, the Board was competent to make regulations with regard to the conditions of service of the employees, yet no regulations were framed for the category of the petitioners and the existing Rules remained applicable to the Service including that of the petitioners.

(3.) The State Government vide letter dated 13th of December, 1972, requested the Haryana State Electricity Board (hereinafter Board for short), a statutory Corporation, to provide for reservation of 22 per cent of vacancies in the initial recruitment and promotional posts for being filled up for the members of Scheduled Castes/Sechduled Tribes as Well as by members of Backward Classes. The Board adopted circular letter dated 27.4.1972 providing for reservation of posts both for initial recruitment and promotion. The reservation policy in respect of Scheduled Castes and Backward Classes was adopted by the Board w.e.f. 18.7.1973. The 1952 Rules do not include the cadre of Deputy Superintendent as this cadre was not in existence in the office of the Chief Engineer erstwhile Punjab P.W.D. Electricity Branch being Class 'B' office at the time of framing the 1952 Rules. The office of the Chief Engineer erstwhile Punjab P.W.D. Electricity Branch was upgraded from Classes 'B' to A' vide Punjab Govt. letter No. 9637-FR-55/3681 dated 30.4.1956. On the upgradation of the office, the cadre of Head Assistant was converted into the cadre of Deputy Superintendent. Sub-rule 2 of Rule 3-A(1) of the 1952 Rules deals with the conditions governing promotions in the respective cadre or from one to the other cadre. Clause (e) of Sub-rule 2 of Rule 3-A(1) of the 1952 Rules provided that Circle/Office Superintendent and the Head Office Head Assistant, will both be eligible for promotion to the post of Superintendent in the Head Office on the basis of their seniority, merit and confidential record. As stated above, at the time when the 1952 Rules were framed, the category of Deputy Superintendent was not in existence and for the first time, it came into existence only in the year 1956 when on the upgradation of the office, the cadre of Head Assistant was converted to Deputy Superintendent. The Board continued to follow the 1952 Rules for the purposes of promotion to the post of Deputy Superintendent.