AJAY KUMAR Vs. BHAKRA BEAS MANAGEMENT BOARD

JUDGEMENT

(1.) THE brief facts necessary for the disposal of this writ petition are that the petitioner was appointed as Welder Grade -II on 13th August, 1993. The post of Welder Grade -II is in feeder category for promotion to the post of Welder Grade -I. The promotion from Welder Grade -II to Welder Grade -I is regulated under the Bhakra Beas Management Board Class -III and Class -IV Employees (Recruitment and Conditions of Service Reaulations, 1994. Regulation 15 deals with the cadre of Welder Grade -I, the same reads thus:

(2.) IT is evident from the reading of Regulation 15 of the Bhakra Beas Management Board Class -III and Class -IV Employees (Recruitment and Conditions of Service) Regulations, 1994 that 33% posts are to be filled up by way of direct recruitment and remaining 67% posts are to be filled up by way of promotion from amongst Welders. The candidates who have passed matriculation examination with Industrial Training Certificate in Welding trade with two years experience are eligible for promotion from Welder Grade -II to Welder Grade -I. In case of non -matriculation candidates, who can read and write are required to have four years experience for being considered for promotion to the post of Welder Grade -I. The petitioner became eligible for promotion as per the Regulations on 13th August, 1995. He was not considered for promotion from Welder Grade -II to Welder Grade -I. In the meantime, one Sh. Jagir Singh filed a civil suit seeking promotion from Welder Grade -II to Welder Grade -I. The suit was dismissed by the trial Court. He preferred an appeal before the learned District Judge. The learned District Judge passed a decree holding Sh. Jagir Singh eligible to the post of Welder Grade -I as on 24.7.1995. The management preferred an RSA against the judgment and decree passed by the learned District Judge. The Regular Second Appeal was dismissed on 8.6.2006 by this Court. The judgment was implemented by the management and Sh. Jagir Singh was promoted from due date i.e. 24.7.1995. The petitioner made a representation on 19.9.1997 through proper channel. The representation made by the petitioner was not addressed to and in the meantime the management made promotion of other persons as Welder Grade -1 on 20.11.2001. The petitioner made representation through proper channel after the judgment rendered by this Court in RSA No. 170/2006 on 22.1.2007. He submitted reminders on 14.2.2007 and 12.3.2007. These were not considered by the management. In nutshell the case of the petitioner as per the pleadings is that he was eligible and qualified to be considered for promotion from Welder Grade -II to Welder Grade -I immediately after putting in two years service as Welder Grade -II i.e. 13.8.1995. The management has resisted this petition by filing a detailed reply. The case of the management is that the judgment of this Court rendered in RSA No. 170/2006 has been implemented and Sh. Jagir Singh has also been promoted. As far as vacancy position is concerned, the case set up by the respondent -management is that there were no vacancies available for the promotion with effect from 22.7.1995 to 11.10.1998 and its further case is that the promotions were not made due to administrative grounds. S/Sh. Joginder Pal, Sant Ram and Parma Nand were promoted on 12.10.1998, 18.1.1999 and 19.1.1999. The petitioner in fact was promoted on 12.12.2003. The name of respondent No. 4 was deleted and Sh. Sant Ram was added as party -respondent during the course of the hearing of this petition.

(3.) MR . N.K. Sood, Advocate appearing on behalf of the management has vehemently argued that there were no vacancies available with effect from 22.7.1995 to 11.10.1998 in the promotion quota and the management had decided not to fill up these posts. His further contention is that S/Sh. Joginder Pal, Sant Ram and Parma Nand were promoted due to exigency of service against the vacancies reserved for direct recruitment.