PYARA LAL SHARMA Vs. H S E B

JUDGEMENT

(1.) The petitioners have challenged the promotion policy contained in Office Order No. 687/NGE/G-761, dated August 9, 1974, issued by the Haryana State electricity Board in this petition under Articles 226/227 of the Constitution of India.

(2.) The Haryana State Electricity Board (for short, the Board) in the policy decision under challenge provided that the posts of Assistant Engineer II shall be filled up in the following manner:-

(3.) Petitioner No. 1 was appointed as Line Superintendent vide ordered dated July 24, 1961 petitioner No. 2 was appointed as Assistant Lineman vide order dated December 19, 1951. He was promoted to the rank of Lineman Grade II on May 28, 156 and Lineman Grade I on April 22, 1959. He was promoted a as Line Superintendent vide order dated June 22, 1962. Petitioner No. 3 was appointed as Lineman Grade II in the P.W.D. Electricity Branch on November 13,1962. He was promoted as Line Superintendent on January 27, 1961 vide order dated January 19, 1961, but he was reverted as Lineman Grade II on August 12, 1961. He was again promoted as Lineman Grade I on December 24, 1963. He was appointed as Line Superintendent vide order dated July 1, 1964. The petitioners were assigned seniority at serial Nos. 167,192 and 265 respectively in the seniority list of Line Superintendents. All the Line Superintendent whether Diploma holders or non-Diploma holders are members of the same class of service and are governed by the same conditions of service as they constitute one class for the purpose of promotion. The Board has made reservation for posts for Diploma Holders and non-Diploma holders in an arbitrary manner, Once the Diploma holders and the non-Diploma holders are appointed to the came post, they cannot be discriminated for further promotions.