RAJINDER KUMAR Vs. PUNJAB STATE ELECTRICITY BOARD ORS.

JUDGEMENT

(1.) PLAINTIFF is in second appeal against judgment and decree dated 24.5.1991 passed by the lower Appellate Court, whereby judgment and decree dated 8.9.1988 passed by the Sub Judge, Ist Class, Hoshiarpur has been set aside.

(2.) PLAINTIFF filed a suit for declaration alleging therein that he joined services of defendant No. 1 as lineman on 8.6.1978. Plaintiff was having three years' diploma in Electrical Engineering and had been working to the entire satisfaction of his superiors. Plaintiff had already earned his annual increments from due dates and his name figured at Sr.No. 4411 in the seniority list. According to rules, diploma holders were to be promoted as Junior Engineer Grade -II on the basis of seniority -cum -merit, but the case of the plaintiff for promotion to the post of Junior Engineer Grade -II has been ignored, rather juniors to the plaintiff were promoted by defendant No. 2 in the year 1985 onwards. The action of the department is claimed to be illegal and malafide. Defendant No. 2 informed the plaintiff that he has been ignored on account of adverse remarks for the year 1981 -82, 1.4.1982 to 12.10.1982 and 15.5.1984 to 31.3.1985.

(3.) DEFENDANTS contested the suit on all customary pleas. The stand of the defendants was that the representation of the plaintiff against adverse remarks was duly considered and he was ignored for promotion due to unsatisfactory report in the year 1981 -82, 1.4.1982 to 12.10.1982 and 15.5.1984 to 31.3.1985. Thereafter, amended written statement was also filed highlighting that in view of judgment of the Hon'ble Supreme Court, there should be joint seniority list of diploma holders and non diploma holders for promotion and therefore, even if ACRs of the plaintiff are to be ignored, plaintiff would get no chance of promotion.