SURJIT SINGH MINHAS Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In this petition under Articles 226/227 of the Constitution of India, the petitioners are seeking the issuance of a writ of certiorari quashing the orders dated 21.12.1985, 27.09.1986 and 13.04.1987 by which respondent Nos. 2 to 6 have been promoted as Assistant Engineers without considering the claim of the petitioners who claim to be senior to the respondents. The petitioners also pray for the issuance of a writ in the nature of mandamus directing respondent No. 1 to consider the petitioners for promotion as Assistant Engineers with effect from the dates persons junior to them have been promoted. They also seek a writ declaring Regulation 10(3) (c) of the Punjab State Electricity Board Service of Engineers (Electrical) Regulations, 1965, reserving posts for Diploma Holder Junior Engineers for promotion as Assistant Engineers as illegal, discriminatory, arbitrary, void and unconstitutional.

(2.) The petitioners and private respondent Nos. 1 to 6 are working as Junior Engineer in the Punjab State Electricity Board (hereinafter referred to as "the Board). The seniority of the Junior Engineers is determined from the dates of their respective appointments. Petitioner No. 1 has been promoted as Junior Engineer with effect from 03.12.1976 and petitioner Nos. 2 and 3 were promoted as Junior Engineers with effect from 13.12.1976. Respondent No. 2 was promoted as Junior Engineer-1 in 1979. A seniority list was circulated as on 31.12.1985, wherein the petitioners have been listed as on 31.12.1985, wherein the petitioners have been listed at serial No. 5, 6, and 7, while respondent Nos. 2 to 6 have been listed at serial Nos. 10, 13, 17, 18 and 19. So it becomes apparent that the petitioners are senior to the respondents. All the Junior Engineers i.e. Diploma Holder, Non-Diploma Holder and Degree Holder are members of the common cadre and are on the same seniority list. The conditions of service of the petitioners and the private respondents are governed on the basis of 1965 Regulations. These Regulations provided for onward promotion of technical subordinate to the post of Assistant Engineer. Regulation 10 of the 1965 Regulations provides for promotions of Junior Engineers to the post of Assistant Engineers. Clause (3) of Regulation 10 of 1965 Regulations, which is relevant for the decision of the present writ petition, is reproduced as un-der:-

(3.) A perusal of the aforesaid Regulation makes it clear that certain posts have been reserved for promotion on the basis of education/technical qualifications for promotion to the next higher post.