KRISHAN GOPAL Vs. UTTAR HARYANA BIJLI VITRAN NIGAM

JUDGEMENT

(1.) In the instant writ petition, the petitioner has impugned the order dated 29.7.2002 (Annexure P13) vide which his claim for promotion to the post of Superintendent w.e.f. 6.7.2000 has been rejected by respondent No. 1.

(2.) It has been contended that the petitioner was an employee of the Punjab State Electricity Board, as he was appointed on the post of LDC on 12.4.1966, After bifurcation of the State of Punjab, he was allocated to the erstwhile Haryana State Electricity Board on 2.5.1967. As per office order No. 18 dated 10.5.1967 (Annexure P1), the service conditions of the petitioner in the Punjab State Electricity Board were protected as the said office order provides that the Officers/staff of the composite Punjab State Electricity Board who have been allocated to the Haryana State Electricity Board shall continue to be governed by the same terms and conditions as were applicable to them in the defunct Punjab State Electricity Board. After his allocation to the Haryana State Electricity Board , the petitioner was promoted to the post of UDC on 24.2.1972. Thereafter, he was further promoted as Assistant on 30.6.1975. Further, he was given current duty charge of Deputy Superintendent. On that post, he was made regular on 16.3.2001. Prior to that the petitioner was further given the current duty charge against the vacant post of superintendent w.e.f. 6.7.2000.

(3.) The claim of the petitioner in the instant writ petition is that he is entitled for promotion to the post of Superintendent w.e.f. 6.7.2000 as on that date a vacant post of Superintendent was available and he was fully eligible and qualified to be promoted on the said post. This claim of the petitioner has been rejected by respondent No. 1 on the ground that the petitioner was not eligible for promotion to the post of Superintendent as he did not fulfil the condition of three years service as Deputy Superintendent as laid down in the Recruitment and Promotion Policy notified on 6.3.1991. The contention of the petitioner is that he was in service with the Punjab State Electricity Board prior to his allocation to the erstwhile Haryana State Electricity Board, therefore, his service conditions are governed by those rules which were applicable at that time. According to the petitioner, at that time, there was no requirement of three years service on the post of Deputy Superintendent for promotion to the post of Superintendent. He submitted that the Recruitment and Promotion Policy dated 6.3.1991 is not applicable in his case as issuance of this Policy will tantamount to change in his service conditions which is not permissible except with the prior approval of the Central Government under subsection (6) of Section 82 of the Punjab Re-organisation Act, 1966 (hereinafter referred to as 'the Act').