ANIL KUMAR UPPAL Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution prays for setting aside the appointment of Shri Surinder Singh respondent No. 4 as Accounts Officer under 'OBC Category' in the respondent -Punjab State Electricity Board (for brevity, 'the Board') being violative of Article 16(4) and Article 14 of the Constitution as well as Government instructions/circulars issued by the Government of India as adopted by the Punjab Government and applicable to various Public Sector Undertakings including the Board. A further direction has been sought for directing the Board to fill up the post of Accounts Officer (Direct Recruit) from OBC Category in consonance with the notifications/instructions applicable to the Board and to consider the petitioner for appointment as Accounts Officer in OBC category. Still further a direction has been sought to the Department of Welfare, Reservation Cell, Government of Punjab -respondent No. 3 to impress upon the Board to comply with the reservation instructions in letter and spirit.

(2.) BRIEF facts of the case are that the petitioner has been working as Apprentice Revenue Accountant with the Board since 8.2.2000 and drawing total emoluments of Rs. 4,500/ - per month. He belongs to 'Thathera' caste, which is recognised as a Backward class as per entry at Sr. No. 47 in Chapter XI of the Manual of Reservations for SC & BC categories, issued by the Reservation Cell of the Department of Welfare Punjab.

(3.) ON 16.7.2002 (P -l & P -2), an advertisement, bearing No. 233/2002, was issued by the Board for filling up 21 posts of Accounts Officer under direct recruit quota from amongst the employees of the Board, who were having requisite qualifications and experience. For the post of Account Officer the candidates were required to have passed Chartered Accounts Exam or Works Accountant Examination with three years experience in Supervisory capacity in Government/Public Undertaking etc. The candidates were required to qualify the initial recruitment test of competitive nature with minimum 50% marks and candidates of reserved category were required to secure minimum 40% marks. Apart from various general conditions laid down in Clause 4, there was reservation provided by Clause 3 which reads as under: