SANDEEP BAHL Vs. PUNJAB POLLUTION CONTROL BOARD

JUDGEMENT

(1.) THE petitioner was appointed as Junior Environmental Engineer in respondent -Board on 13.11.1985. The next promotional post was Assistant Environmental Engineer.

(2.) IT is the case of the petitioner that services of the petitioner are governed by Punjab State Board for Prevention and Control of Water Pollution Employees Service Regulations 1980 (hereinafter, referred as the "1980 Regulations" ). As per Regulation 13, all promotions to posts shall be made on the basis of Merit -cum -Seniority and no person shall have right to any post on the basis of seniority alone. At the 55th meeting of the Board held on 16.02.1987, the Board resolved to amend and replace the 1980 Regulations by the Punjab Pollution Control Board Employees Services Regulations, 1987 (hereinafter referred to as the "1987 Regulations" )

(3.) AS per Section 12 (3A)(b) of Water (Prevention and Control of Pollution) Act, 1974, no regulations made by a State Board shall be effective until approved by the State Government. However, without the approval having been granted, the 1987 Regulations were applied by the respondent -Board for the purpose of promotions to the post of Assistant Environmental Engineer made in the year 1988 and 1989.