VIKAS GUPTA Vs. H.P.S.E.B

JUDGEMENT

(1.) Present appeal is directed against the judgment dated 24.05.2010 passed by the learned Single Judge of this Court in CWP(T) No.31 of 2008 (TA No.20/2003), whereby the writ petition filed by the petitioner (appellant herein) was dismissed, (for short 'impugned judgment').

(2.) Briefly stated, the facts necessary for adjudication of the case are that the petitioner being qualified diploma holder in Electrical Engineering was appointed as Junior Engineer (Electrical) [For short 'J.E.(E)] on daily wages on 8.1.1990 in the office of respondent No.1. However, subsequently he qualified Sections 'A' and 'B' of AMIE examination conducted by the Institute of Engineers (India) in 1990 and 1994, as a result whereof, he became Bachelor of Engineers in Electrical Trade.

(3.) Record reveals that pursuant to order passed by this Court in CWP No.100 of 1988, services of the petitioner were regularized as J.E.(E) on temporary basis on 27.1.1996. As per Recruitment and Promotion Rules (in short 'R&P Rules') applicable to respondent -Board, petitioner claimed that he became entitled to the promotion to the next higher post of Assistant Engineer(Electrical) [in short 'A.E.(E)'], wherein, after amendment of R&P Rules on 14.2.1986, 6% quota for promotion was provided for J.E.(E), who had passed Sections 'A' and 'B' of examination of Institution of Engineers (India) during service period and have one year minimum service in the grade for the post of A.E.(E). As per amended R&P Rules, the quota for promotion for the post of A.E.(E) for qualified J.Es.(E) having 7 years service in the grade was fixed at 28%. Whereas, the quota for promotion to J.Es.(E) unqualified with ITI qualification having 12 years service in the grade was fixed at 8% and the quota for the promotion of J.Es.(E) unqualified having 15 years service in the grade was collectively kept 4%. However, aforesaid R&P Rules were further amended on 23.6.1999 (Annexure PC) whereby quota was again altered.