MOHINDER SINGH Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Material facts necessary for the adjudication of this petition are that as per seniority list Annexure A-2 of the Executive Engineers (Electrical) Degree Holders/Diploma Holders prepared on 30.11.1993, name of the petitioner was reflected at Sr. No. 35. Respondent-Board on the basis of recommendations made by the Departmental Promotion Committee in its meeting held on 7.8.1990, promoted 14 Superintending Engineers (Electrical) working on ad hoc basis as Regular Superintending Engineers (Electrical) in the pay scale of Rs. 4500-6300 with effect from 7.8.1990. The Departmental Promotion Committee noted that two posts of Superintending Engineer (Electrical) were being manned by respondents No.5 and 9 on ad hoc basis. Their names, however, were not placed in the select panel, the post being selection. However, the Departmental Promotion Committee directed that their continuance as Superintending Engineer (Electrical) on ad hoc basis may be considered by the Whole Time Members of the Board against 4th and 5th vacancy of the Superintending Engineer (Electrical). Petitioner has placed on record the recommendations of the Departmental Promotion Committee met on 7.8.1990 by way of supplementary affidavit. The relevant portion of the same reads thus:

(2.) Thereafter respondent No.2 was promoted as Superintending Engineer (Electrical) on 10.12.1991 and respondents No. 3 and 4 were promoted as Superintending Engineer (Electrical) on ad hoc basis with effect from 2.1.1992. Petitioner approached the erstwhile Himachal Pradesh Administrative Tribunal by way of OA No. 79/1992. The same was decided by the learned Tribunal on 5.11.1992. The order dated 5.11.1992 reads thus:

(3.) Thereafter an application bearing MA No.2035/1992 was preferred by the petitioner on which the following orders were passed on 27.4.1993: