RAJENDER SINGH RADHU Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In this writ petition, the petitioners have prayed for quashing the orders dated 18th December, 1991 (Annexure P-2), 13th January, 1992 (Annexure P3) and 3rd March, 1992 (Annexure P-4) by which the respondents Nos. 2 to 16 (in short, the private respondents) were promoted as Assistant Engineers on ad hoc basis against vacancies of the direct recruitment quota in the scale of Rs. 2000-200/4000 in the public interest with immediate effect.

(2.) Briefly stated, the facts of the case are that the petitioners as well as the private respondents have been appointed as Junior Engineers in pursuance of the advertisement dated August 13, 1988, (Annexure P-1). Annexure P-1 clearly states that after successful completion of training all the selected persons shall be absorbed in the regular service of the HSEB as Junior Engineers and they can either be posted in any Thermal/Generation Project within the jurisdiction of HSEB including BBMB/BCH or outside Haryana State or in the field cadre at the discretion of the Board. The admitted facts of the petitioners are that all the petitioners were higher in the merit list than all the private respondents in the select list, prepared for appointment as Junior Engineers. It is also not disputed that all the writ petitioners were posted in the Generation projects and all the private respondents were posted in the field cadre (General Cadre) by the Board.

(3.) The promotion of the Junior Engineers to the next cadre (Assistant Engineers) is governed by the Punjab State Electricity Board Service of Engineers (Electrical) Recruitment Regulations, 1965 (hereinafter referred to as the Regulations). As per Regulation 9(1), 65% posts of the Assistant Engineers are filled up by direct recruitment and 35% by promotion from amongst the persons holding posts of Junior Engineers both in the Generation Cadre as well as in the General Cadre. Out of the said 35% quota, 22% of the posts are filled up by seniority from amongst the persons who are having experience of 5 years in the cadre of Junior Engineer and the remaining 12-% are filled up from amongst the persons who possess the degree of A.M.I.E./B.E. and are having experience of 2 years.