HUSSAN CHAND Vs. BHAKRA BEAS MANAGEMENT BOARD

JUDGEMENT

(1.) The petitioners who were the employees of States of Punjab and Haryana and at present are on deputation with the Bhakra Beas Management Board (hereinafter referred to as the 'Board') have filed the present writ petition seeking direction to the official respondents to consider them and all other eligible employees of States of Punjab and Haryana for promotion to the posts of Senior Assistants from the dates they became eligible as also to quash the order dated 6.8.1992, copy of which is Annexure P-8 to the writ petition, passed by the Chief Engineer, Bhakra Dam Project, respondent No. 7, promoting respondents 8 to 15 as Senior Assistants.

(2.) Undisputed facts of this case which emerge from the file are that prior to the re-organisation of erstwhile State of Punjab, the construction of the Bhakra Nangal Project was under the charge of Punjab Irrigation Department for its civil components and erstwhile Punjab State Electricity Board for its electrical components. After the re-organisation of State of Punjab, the Central Government in exercise of the powers conferred upon it under section 79(1) of the Punjab Re-organisation Act, 1966 (hereinafter referred to as the 'Act') for the maintenance, administration and operation of the Bhakra Nangal Project constituted Bhakra Management Board with effect from 1.10.1967, which was later on christened as Bhakra Beas Management Board when the completed components of the Beas Project were transferred to it by the Central Government under Sub Sections 5 and 6 of Section 80 of the Act. All the employees of the Bhakra Nangal Project, who were engaged in the construction, maintenance and operation of the work, were to continue to be employed with the Board, which came into existence after the re-organisation of State, on the same terms and conditions of service. The petitioner No. 1 joined the Irrigation Department, Punjab, on 18.7.1962 as Clerk. Petitioner No. 2 joined the Department of Industries, Punjab on 17.9.1963 as Clerk and later on he joined the Irrigation Department, Punjab. He was transferred to the Bhakra Nangal Project on 16.11.1966 whereas petitioner No. 3 was appointed as Clerk on 28.1.1963 by the erstwhile State of Punjab.

(3.) It is pertinent to mention here that the seniority list of Clerks was being maintained by their respective departments. The States of Punjab, Haryana and H.P. are the beneficiary States and the Board being an inter-State body has been drawing the personnel from the partner States. Somehow the posts falling under the category of Class III and Class IV employees remained vacant as the partner States could not feed the Board by sending employees. In these circumstances, the respondent-Board in order to meet the shortage of staff made certain direct recruitments and in order to regulate the service conditions, framed draft rules which were published in Part III, Section 4 of the Gazette of India dated 8.10.1994. Making of provision by the Board for the promotion of the employees recruited by it, agitated the petitioners and they have filed present writ petition.