RIJIED SINGH RANJAH Vs. MEGHALAYA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The grievance raised in the present writ application is with regard to what the writ petitioner comprehends to be unequal and unfair treatment meted out to him and the indulgence and favouritism shown to the respondent No. 3, thereby enabling the said respondent to steal a march over the petitioner in service. A selection and consequential promotion made on 3.7.97 to the post of Joint Secretary in the Meghalaya State Electricity Board and the belated promotion of the petitioner to the same rank made in the year 2000, are incidental aspects of challenge in the present writ application.

(2.) The writ petitioner joined service in the erstwhile Assam Electricity Board in the year 1972 as Assistant Personnel-cum-Welfare Officer. His services were retained after bifurcation of the Assam State Electricity Board and creation of the Meghalaya State Electricity Board and thereafter the petitioner was absorbed in the said post in the Meghalaya State Electricity Board. In the year 1980, he was allowed to officiate as the Personnel Officer. On 23.2.1988, the petitioner was provisionally promoted as Personnel Officer and the said promotion was regularized by an order dated 6.7.1993. Thereafter, by an order dated 12.12.1994, the petitioner was promoted to the post of Deputy Secretary of the Board. The petitioner has further averred, that the respondent No.3 who was also promoted as a Deputy Secretary of the Board by the same order dated 12.9.1994, joined service in the year 1972 as a Typist and thereafter was promoted as Assistant Superintendent and Superintendent in the Land Cell Wing of the Board. He was promoted as the Under Secretary of the Board with effect from 3.5.1992, prior to his promotion to the post of Deputy Secretary made by the same order dated 12.9.1994, by which the petitioner was also promoted to the rank of Deputy Secretary. The petitioner contends, that the career graph indicated above, would go to show that the petitioner had held more responsible assignments in the Board and in terms of educational qualifications also, the writ petitioner was better qualified. According to the writ petitioner, the authority at this stage, displayed certain irrational and arbitrary actions, leading to the promotion of the respondents No. 3 to the post of Joint Secretary of the Board made by order dated 3.7.1997. A brief resume of the facts and circumstances leading to the said promotion of the respondent No.3 as pleaded by the petitioner, would therefore, be necessary.

(3.) Under the Meghalaya State Electricity Board Service Regulations, 1996, in force, after the post of Secretary of the Board which has been included in Category 1 of Clause 1 of the posts mentioned under Regulation 4 (A) of the Regulations, the next higher post was that of Deputy Secretary, under the Regulations in force, the post of Secretary could be filled up either by deputation or by promotion from the rank of Deputy Secretary. Five years' of service in the post of Deputy Secretary was stipulated by the Regulations as the requisite length of service so as to entitle an incumbent for promotion to the post of Secretary. The Board, by a Resolution, approved by circulation amongst the members, took a decision on 24.6.1997 to create a post of Joint Secretary in the Board, and the Board also took the decision for incorporation of the following provisions in Annexure 1 of Schedule 1 of the Service Regulations in force :