V B HANDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer made by the petitioner in this petition filed under Article 226 of the Constitution is to strike down the qualification of Bachelor's Degree or AMIE in Engineering for promotion to the post of Senior Environmental Engineer as added in Appendix B to the Punjab Pollution Control Board Employees Service Regulations, 2002. As a consequential relief, the petitioner has claimed that promotion of respondent No. 3 as Senior Environmental Engineer be quashed by issuing direction to the respondents to consider the case of the petitioner being senior for promotion to the post of Senior Environmental Engineer w.e.f. the date thepost had become available.

(2.) The facts are not in dispute. The petitioner was appointed as Junior Sanitary Engineer with the respondent Board on 13.9.1976 which was later designated as Junior Environmental Engineer. In pursuance to the power conferred under Section 12 (3A) of the Water Pollution (Prevention and Control of Pollution) Act, 1974, the Board has framed regulations known as The Punjab Pollution Employees Service Regulations, 1980 (for short 'the 1980 Regulations). According to Regulation 9 read with Regulation 13 of the 1980 Regulations for promotion to the post of Senior Environmental Engineer a person is required to have worked for seven years in the feeder cadre and he should possess the degree in engineering.

(3.) We find that the matter is squarely covered by a Division Bench judgement of this Court in the case of Babu Ram V/s. The Punjab Pollution Control Board,1999 4 SCT 219. This Court, after considering argument concerning the qualification of degree laid down for promotion to the post of Senior Environmental Engineer, has concluded as under :