CHANDRA DHARI SINGH, J. - (1.) The petition seeks issuance of a writ in the nature of certiorari for quashing the impugned order dated 20.03.2020 passed by respondent no.4, contained at Annexure 1 to the petition and also to quash the list dated 27.05.2020 issued by respondent no.6 containing names of 30 Junior Engineers. The petition also seeks to quash the list prepared by respondent no.7 containing names of 30 Junior Engineers who have acquired the B. Tech/AMIE Degree without taking due permission from the appointing authority and command the respondents to consider for promotion and to promote only those Junior Engineers as Assistant Engineers under 8.33% quota as stands prescribed in Regulation 5(1)(d) of the U.P. State Electricity Board Services of Engineers Regulations, 1970 who have acquired B.Tech/AMIE degree after taking permission from the competent authority.
(2.) The brief facts giving rise to the present petition are stated as under : i. The petitioners were recruited and appointed as Junior Engineers by direct recruitment through a selection conducted by the Electricity Service Commission of the UPPCL. The petitioners while working as Junior Engineers obtained engineering degree after obtaining due permission from the competent authority. ii. For making promotion on the post of Assistant Engineers from the post of Junior Engineers under 8.33% quota, a letter dated 07.08.2019 was issued from the office of respondent no.5 calling for applications from the Junior Engineers under the 8.33% quota in the prescribed format accompanied with educational certificates including the diploma/degree, mark-sheet and permission letter/order of the competent authority. A reminder letter dated 06.09.2019 was also issued to this effect. Letter dated 07.08.2019 and 06.09.2019 makes it clear that the names of only those Junior Engineers is to be considered for promotion on the post of Assistant Engineers under the 8.33% quota who have acquired the B.E./AIME Degree after taking due permission from the department for taking admission for pursuing the course of B.E./AIME. iii. The petitioners submitted their application forms for being considered for promotion on the post of Assistant Engineers to the competent authority, which have been forwarded by the Superintending Engineer to the Chief Engineers vide letter dated 07.09.2019 and 13.09.2019. Total 104 Junior Engineers submitted their application forms on the post of Assistant Engineers under 8.33% quota to the controlling/competent officer. The petitioner no.1 finds place at serial no.53 whereas the name of petitioner no.2 was at Serial No.57. iv. The Screening Committee scrutinize the application forms as submitted by the Junior Engineers, their character rolls and the personal files of the Junior Engineers and after the said exercise, the committee prepared a list of the suitable candidates for the promotion to the post of Assistant Engineers. The list so prepared was forwarded by the Chairman of Screening Committee to the Board and the Board prepared a final list known as 'select list' containing the names of the candidates from amongst which the promotion is made. v. The State Government in order to grant relaxation in qualifying service for promotion has framed the Rules known as 'U.P. Government Servants Relaxation in Qualifying Service for Promotion Rules 2006, which was lastly amended on 24.04.2013 vide U.P. Government Servants Relaxation in Qualifying Service for Promotion (First Amendment) Rules, 2013 and the same have been adopted by the Uttar Pradesh Corporation Limited in its 100th Meeting held on 31.07.2013. vi. Earlier the petitioners have filed a writ petition Service Single No.32367 of 2019 (Ashish Kumar Mishra and another vs. State of U.P. and others) before this Hon'ble Court with the prayer to command to the respondents to consider for promotion and to promote only those Junior Engineers as Assistant Engineers under 8.33% quota as prescribed in Regulation 5(1)(d) of the U.P. State Electricity Board Services of Engineers Regulations, 1970 who have acquired B.Tech/AMIE degree after taking permission from the competent authority. The said writ petition was disposed of vide order dated 25.11.2019 passed by a coordinate Bench of this Court with direction to decide the representation of the petitioners. vii. In pursuance to order passed by this Court dated 25.11.2019, the petitioners jointly submitted a representation dated 29.11.2019, which has been rejected by the impugned order dated 20.03.2020, contained at Annexure 1 to the writ petition. Therefore, the instant writ petition.
(3.) Dr. L. P. Mishra, learned counsel for the petitioners has submitted that the petitioners were recruited and appointed as Junior Engineers by direct recruitment through a selection process conducted by the Electricity Service Commission of the U.P.P.C.L. The next promotional post from the Junior Engineer is Assistant Engineer. It is submitted that the said promotion is made in accordance with the U.P. State Electricity Board Services of Engineers Regulations 1970 (for short 'Regulations 1970) which have been framed by the Uttar Pradesh Electricity Board in exercise of Powers conferred under section 79 (c) of the Electricity (Supply) Act, 1948. He has referred the Regulations 5 (1) of the Regulations 1970, which have been amended from time to time. The same reads as under: 5. Source of Recruitment : (1).As per the rules, the total sanctioned posts of Assistant Engineer for recruitment in the service will be divided into different categories and the proceedings for recruitment/ promotion against vacancies of each category will be done separately every year and the year and the category in which the posts are vacant, the recruitment / promotion shall be made in that category. (a). for direct recruitment from Trained Engineers - 50.33% (b). By promotion from amongst members of Junior Engineers in the manner prescribed in Appendix 'C' - 40% (c). By promotion from amongst the confirmed and qualified computers (Selection Grade) (E/M) in the manner prescribed in Appendix 'C - 1.33% (d). By promotion from amongst the degree holder Junior Engineers/Computer who have qualified B.E./AIME and have rendered 10 years of qualified service as Junior Engineer/Computer on 1st of July of the selection year. Provided that the number of posts to be filled against the category (d) shall be divided amongst Junior Engineers and Computers in proportion described above under category (b) and (c). ;