GOPAL DASS Vs. PUNJAB STATE ELECTRICITY BOARD, PATIALA

JUDGEMENT

(1.) Petitioners are the employees of the Punjab State Electricity Board (for short 'the Board'). After acquiring qualification of A.M.I.E. or degree in Electrical Engineering, they were appointed and selected by the Board against the posts of Junior Engineers-II in April 1982. Regulation 10(9) of the Punjab State Electricity Board Service of Engineers (Electrical) Regulations, 1965 (for short 'the Regulations') provides qualifications for promotion from amongst the Junior Engineers to the post of Assistant Engineers. This regulation in terms provides that 9% of the posts of Assistant Engineers are reserved for promotion from amongst the candidates who are graduates in Electrical/Mechanical Engineering/A.M.I.E. qualified hands and possess these qualifications at the time of their appointments. Seven Junior Engineers who were senior to the petitioners, were promoted to the post of Assistant Engineers in October 1986 and April, 1987. On the promotion of these seven Junior Engineers, the petitioners came at Sr. Nos. 1 to 6, in order of merit for promotion to the post of Assistant Engineers against this category as is evident from Annexures P-2 and P-3. The case of the petitioners further is that the Board amended regulation No. 2 of the Regulations vide office order dated October 15, 1987 and prescribed a condition of passing of the Departmental Accounts Examination as a pre-requisite for promotion to the post of Assistant Engineer and having regard to this amendment, the Board promoted respondents 2 to 5 to the posts of Assistant Engineers by order dated May 27, 1988, Annexure P-5, who were from the category of the petitioners, and junior to them as is clear from Annexures P-2 and P-3. The petitioners, aggrieved by the promotion of respondents 2 to 5, filed a representation that the condition of passing of Departmental Accounts Examination could not be imposed in respect of the posts which became available prior to the amendment effected on October 15, 1987. In order to demonstrate that some posts of Assistant Engineers belonging to the category of petitioners were available to the petitioners, prior to the amendment of the Regulations, they placed on record order Annexure P-7 showing that nine Assistant Engineers belonging to their category were further promoted to the posts of Assistant Executive Engineers. It is in these circumstances, the petitioners seek issuance of a writ of certiorari quashing promotion of respondents 2 to 5 and of mandamus directing the respondent-Board to promote them to the posts of Assistant Engineers in terms of the unamended Regulations against the posts which were available prior to the date of amendment, with effect from the date, the persons junior to them were promoted.

(2.) At the time of motion hearing, it was contended on behalf of the petitioners that vacancies had arisen in October, 1987, prior to the amendment of the rules effected on October 15, 1987, hence the vacancies were to be filled up according to the unamended rules. Writ petition was admitted and it was ordered that further promotion, if any, will be subject to the result of this writ petition.

(3.) None of the respondents has put in appearance despite service. Even no written statement has been filed on their behalf.