NAND KISHORE Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner sought issuance of a writ in the nature of mandamus directing the respondents to consider and promote the petitioner to the post of Assistant Engineer (Civil) from the post of Research Assistant under Regulation 10(6) of the Punjab State Electricity Board Services of Engineers (Civil) Regulations, 1965 (hereinafter referred to as the "Regulations"). The petitioner is a qualified Engineer. He obtained a degree in B.E. (Civil) from Guru Nanak Engineering College, Ludhiana in the year 1985. He secured first division. Thereafter, he did M.E. (Soil Mechanics and Foundation Engineering) in the year 1992. The petitioner was duly selected and appointed as Research Assistant in the Punjab State Electricity Board (hereinafter referred to as the "Board") on 19.2.1987. The service conditions of the petitioner were governed by the Regulations. In term of Regulation 10(6), the petitioner claims promotion against 5% of the posts. Regulation 10(6) had originally provided that 9% of the posts of Assistant Engineers (Civil) are to be reserved for promotion from amongst the candidates who are graduates in Civil Engineering or AMIE before joining the service of the Board. They are also required to complete 3 years of service. Subsequently by an amendment, the quota of 9% was reduced to 5%. This amendment had come into operation w.e.f. 25.7.1991. 9% quota of AMIE qualified technical subordinate was merged with the quota of Engineering graduates, thus making a total of 14% of the posts which were reserved for the technical subordinates. The clubbing of aforesaid quota was made effective by amendment dated 21.5.1997. However, the amended provision has been challenged in C.W.P. No. 11726 of 1997. The aforesaid writ petition came up for hearing on 28.1.1998 and the same was admitted. The operation of the amendment had been stayed. Consequently the Board has taken a decision to make the promotion on the basis of unamended Regulations. In other words, 5% of the posts remained reserved for Engineering Graduates.

(2.) The respondents have filed written statement and controverted the claim put forth by the petitioner. It has been stated that the 5% quota of the posts has been reserved for appointment of technical subordinates and the petitioner being not technical subordinate, cannot be considered for promotion.

(3.) The petitioner has filed replication and has stated that Regulation 10(6) is applicable to Engineering Graduates who possess the graduate degree prior to joining the service of the Board. Regulation 10(6) is as under :-