NARINDER SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This judgment will dispose of C.W.P. Nos. 11273, 13601, 14130 and 11606 of 1992. For the view I am taking in the matter, it is not necessary to refer to the detailed facts of the cases.

(2.) The petitioners before me possessed degree in Bachelor of Engineering/A.M.I.E. before they joined service with the Punjab State Electricity Board (in short the Board) as Junior Engineers, Grade II. Under the Punjab State Electricity Board service of Engineers (Electrical) Regulations (hereinafter called the Regulations), the next avenue of promotion for a Junior Engineer is to the rank of Assistant Engineer. Regulation 10.9 of the regulations as it stood prior to 24th July, 1989,5% of the posts of Assistant Engineers were to be filled in by promotion from the category of the persons like the petitioners, i.e. who possessed B.E,/A.M.I.M. degree prior to joining the service of the Board and had three years' service as Junior Engineers, Grade II. According to Regulation 10.7 of the Regulations, 9% of the posts of Assistant Engineers were to be filled in by promotion from amongst those Junior Engineers, Grade II, who obtained A.MJ.E. degree during the service and had three. years' service as such. The quota of the category like the petitioners who are covered under Regulation 10.9 of the Regulations was reduced from 9% to 5% with effect from 24th July, 1989. With effect from 1st July, 1992, both categories covered under Regulation 10.9 and Regulation 10.7 were clubbed together by the Board by amending the Regulations and for the purpose of promotion to the rank of Assistant Engineer, 14% quota was provided for the clubbed category. The notification dated 1.7.1992 amending the regulation clubbing the two categories has been attached as Annexure P-2 to the writ petition and the validity of the same has been made the subject matter of challenge in these writ petitions.

(3.) The learned counsel for the petitioners submitted that it may not be necessary to go into the validity of the notification, dated 1st July, 1992, clubbing both the categories of employees covered under Regulation 10.9 and Regulation 10.7 of the Regulations. He submitted that the vacancies of the posts of Assistant Engineers prior to 1st July, 1992 falling to the share of the category covered under Regulation 10.9 should be filled from that category without reference to the amendment. In other words, the learned counsel submitted that the amendment dated 1st July, 1992 should not be applied retrospectively to the vacancies which occurred or were there prior to 1st July,1992;