Ram Murti And ANR. v. State Of Punjab And ORS.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision:
Ram Murti and another ...Appellants
Versus
The Punjab State Electricity Board and others +Respondents !"
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Present:
Mr.Avtar Singh Khaira, Advocate for the appellants. Ms.Radhika Suri, Sr.Advocate assisted by Ms.Rajni Paul, Advocate for respondents No.1 and 2. $ "+.'")+/$)+.$( This intra3court appeal under Clause X of the Letters Patent has been filed against the order dated 29.11.2011 passed by the Learned Single Judge whereby, the CWP No.4627 of 1987, filed by the appellant challenging the Seniority List of SAS Accountants, was dismissed.
The appellants Ram Murti and Dev Raj Sharma joined the respondent Board as Divisional Accountants on 10.6.1974 and 2.3.1973, respectively. The next promotion from the post of Divisional Accountant is to the post of SAS Accountant followed by promotion to the post of Accounts Officer.
By order dated 17.2.1966 (Annexure P32), it was decided that 10% posts of SAS Accountants may be filled from amongst the Divisional Accountants having not less than 8 years experience. GIANENDER KUMAR 2015.08.14 15:39 I attest to the accuracy and integrity of this document
Thereafter, the said quota was increased to 25% by Office Order dated 12.9.1973 (Annexure P33). The Divisional Accountants for the purpose of promotion to the posts of SAS Accountants were divided in two classes, namely (i) those who have passed the SAS Part3II examination and (ii) those who had passed SAS Part3I examination. The persons who had passed SAS Part3I examination were required to have 8 years experience as Divisional Accountants, whereas, those who had passed SAS Part3II examination were required to have 5 years experience as Divisional Accountants for promotion to the post of SAS Accountants.
The appellants are those Divisional Accountants, who could not pass SAS Part3II examination and accordingly, were required to render minimum 8 years of service in the feeder cadre i.e. Divisional Accountants, for further promotion to the post of SAS Accountants.
The grievance of the appellants was that they have been discriminated as against their counterparts, who have passed SAS Part3II examination and have been made eligible for further promotion on completion of 5 years only, whereas, the appellants, who have not passed the said test are eligible for promotion on completion of 8 years of service.
The respondent - Board in its written statement has specifically stated that an official who gets promotion as Divisional Accountant on passing SAS Part3I Examination is not eligible for
0 promotion as SAS Accountant until and unless he fulfills the twin essential conditions of passing SAS Part3II Examination and possessing 5 years satisfactory service. The Divisional Accountants like the appellants, despite having not passed the SAS Part3II examination are given promotion after 8 years of service and this concession was given on specific demand from such employees to provide avenue of promotion to them.
While dismissing the writ petition, the Learned Single Judge referred to a number of decisions of the Hon'ble Supreme Court holding that for the purposes of promotion to the next higher post there could be a bifurcation/ quota in the feeder cadre based on the qualification. Ld. Single Judge observed as under:3
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1 Ld. Counsel for the appellants has not been able to point out as to how the above determination of the Ld. Single Judge, which is based on decisions of the Hon'ble Supreme Court is un3 sustainable.
Accordingly, there is no merit in the appeal and the same is dismissed.
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