- (1.) CIVIL APPEAL NO.7076 OF 2010 The issue involved in this appeal relates to interpretation of Regulation 9 of the Punjab State Electricity Board Service of Engineers (Civil) Recruitment Regulations, 1965 as applicable to the Haryana State Electricity Board. Regulation 9 reads as follows: "Regulation 9:- (1) Recruitment to the post of Assistant Engineer (Civil) shall be;- JUDGEMENT_138_LAWS(SC)9_2017_1.html Provided that if qualified persons from Para (ii) above are not available, the vacancies may be filled up by promotion of equivalent number from the category (i) and vice versa. CLARIFICATION The eligibility for consideration for promotion from AMIE/BE against 12 1/2 % quota shall be determined from the date of qualifying such examination, provided that:- (i) the ranking list of Engineering subordinates for their promotion as AE after having qualified the AMIE/BE Examination and completion of 5 years service in the cadre, may normally be prepared on first day of January of each year and duly notified to all concerned. (ii) the name(s) of eligible candidate(s) in the Ranking list, will be arranged in order of their date of passing AMIE/BE Examination. The name(s) of the JEs, who qualify the AMIE/BE Examination, during the subsequent years, will be added in the Ranking list below the name(s) of the candidates, who have passed the said Exam in the earlier years."
(2.) Respondent Nos. 3 to 6 herein who were the original writ petitioners admittedly joined service as Junior Engineers with the Haryana State Electricity Board (for short "the Board") prior to the joining of the appellant. They were diploma holders when they joined service with the Board. On the other hand, the appellant before us (Parveen Gera) was a degree holder engineer and he had obtained his degree of Bachelor in Engineering on 02.06.1981. He joined service with the Board on 06.05.1982. The Regulation quoted above provides two methods of promotion; one, by direct recruitment for 65% of the posts and the second by promotion for 35% of the posts. In the promotion quota, there is a further sub-division and 22 1/2% promotions are to be made strictly on the basis of seniority in the cadre of JE; the only eligibility criteria is that the employee should have five years service in the cadre of JE. An incentive has been given to those diploma holders who attain the higher qualification of degree by passing the AMIE/BE qualification and 12 1/2% of the total number of posts in the cadre of Assistant Engineer are earmarked for this group of persons and there are two eligibility conditions, one, that they should have five years service and second, they should have qualification of AMIE/BE.
(3.) The short question involved is whether for the purpose of ranking of the eligible Junior Engineers it is only the experience attained after obtaining the qualification of AMIE which has to be taken into consideration or whether the service rendered by an employee even before attaining the AMIE qualification can be taken into consideration while placing him in the ranking list.;