R.C. TANDON Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In these two connected petitions bearing C.W.P. Nos. 15151 of 1992 R.C. Tandon and others v. State of Punjab and another, 1994 3 SCT 224 and C.W.P. No. 3105 of 1987 (Kuldip Rai Ahluwalia and others v. The Punjab State and others), the order dated 23.4.1992 Annexure P-4 has been challenged. The order in terms relates to the grant of 14% quota to the employees possessing the qualification of A.M.I.E. Consequential order dated 27.4.1992 Annexure P-5 issued by the State Punjab addressed to the Chief Engineer (Canal), Irrigation Works, Punjab asking the latter to send the names of 40 eligible employees possessing the qualification of A.M.I.E. has also been challenged.

(2.) The facts, as extracted from the C.W.P. No. 15151 of 1992, reveal that the petitioners were appointed as Junior Engineers on the dates mentioned in para 2 the petition. Their next avenue of promotion is to the post of S.D.O. They are governed by the rules known as 'The Punjab Service of Engineers Class-II (Public Works Department, Irrigation Branch) Rules, 1941'. Rules 3, 4 and 5 of the aforesaid rules provide the method of recruitment and promotion to the higher post and inasmuch as the controversy involved in the present petition is based upon rules 3, 4 and 5 the same are thus need immediate notice :

(3.) It is also argued that providing 14% quota to those who have degree of A.M.I.E., would result into discrimination against the petitioners who are diploma-holders. Both the sets of employees are discharging the same kind of duties and for that precise reason, a joint seniority-list has also been prepared. Undue favour given to the Junior Engineers holding A.M.I.E. degree without there being any distinguishing features, is thus, stated to be discriminatory and, therefore, violative of Article 14 of the Constitution.