R.S. Mongia, J. - (1.) THE Petitioners are Diploma Holders in Electrical Engineering and are working as Line Superintendents in the office of the Chief Electrical Inspector, Punjab, Patiala. They are staking their claim to the posts of Assistant Electrical Inspectors to be filled in by way of direct recruitment.
(2.) THERE is a Service known as the Punjab Electrical Inspectorate State Service Class II (hereinafter called the Service). The recruitment and other conditions of Service of Assistant Electrical Inspectors appointed to the Service are governed by the statutory Rules framed under Article 309 of the Constitution of India, which are known as the Punjab Electrical Inspectorate (State Service, Class II) Rules, 1979 (hereinafter called the 1979 Rules). Though 1979 Rules are known as the Punjab Electrical Inspectorate State Service yet under Appendix 'A' to the Rules, which indicates the posts of which service is comprised of, only the posts of Assistant Electrical Inspectors are mentioned. Rule 8 of the Rules, which lays down the method of appointment, it has been provided that 60 percent of the posts (i.e. the posts of Assistant Electrical Inspectors) shall be filled by direct recruitment and 40 percent by promotion from amongst the Line Superintendents who have rendered service as such for not less than 10 years in case of Diploma Holders and 5 years in the case of degree holders in the Electrical Inspectorate. Appendix 'B' to Rule 9 of the 1979 Rules lays down the qualifications and experience for direct recruitment to the post of Assistant Electrical Inspector, which: are reproduced for ready reference: JUDGEMENT_111_LAWS(P&H)10_2008.htm (c) Possesses knowledge of, Punjabi language in Gurmukhi script of Matriculation Standard or its equivalent. Section 36 of the Indian Electricity Act, 1,910 (hereinafter called the Act) envisages appointment of Electrical Inspectors. Section 36 -A of the, Act gives the Constitution of the Central Electricity Board. Further Section 37 of the Act gives the power to the Board constituted under Section 36 -A of the Act to make rules. For ready reference, Section 36 and relevant extracts of Sections 36 -A and 37 are reproduced below: 36. Appointment of Electrical Inspectors. - -(1) The appropriate Government may. by notification in the Official Gazette. appoint duly qualified persons to be Electrical Inspectors and every Electrical Inspector so appointed shall exercise the powers and perform the functions of &n Electrical Inspector under this Act within such areas or in respect of such class of works and electric installations and subject to such restrictions as the appropriate Government may direct. (2) In the absence of express provision to the contrary in this Act, or any rule made there under, an appeal shall lie from the decision of an Electrical Inspector to the appropriate Government or if the appropriate Government, by general, or special order so directs, to an Advisory Board. 36 -A. Central Electricity Board. - -(1) A Board to be called the Central Electricity Board shall be constituted to exercise the powers conferred by Section 7. (2) The Central Electricity Board shall consist of the following members, namely: (a) a Chairman and five other members to be nominated by the Central Government; (b) one member to be nominated by the Government of each of the States not being a Union Territory, to which this Act extends; (c) one member to be nominated by the Central Government to represent each of the Union Territories of Delhi and Himachal Pradesh; (d) one member to be nominated by the Central Government to represent the Union Territories of Manipur, Tripura and the Andaman and Nicobar Islands; (e) one member to be nominated by each of the State Electricity Boards; (f) one member to be nominated by the Central Government to represent the Federation of Electricity Undertakings of India; (g) one member to be nominated by the Railway Board; (h) one member to be nominated by the Chief Inspector of Mines appointed under Section 5 of the Mines Act, 1952; and (i) one member to be nominated by the Indian Standards Institution. constituted under the, Indian Standards Institution. (Certification Marks) Act, 1952 37. Power for Board to make Rules. - -(1) The Central Electricity Board may make rules, for the whole or any part of the territories to which this Act extends, to regulate the generation, transmission, supply and use of energy, and, generally, to carry out the purposes arid objects of this Act. 2. In particular and without prejudice to the generally of the foregoing power, such rules may - - (a)... (b)... (c)... (d)... (e)... (f)... (g)... (h)... (i) prescribe the qualifications to be required of Electrical Inspectors; (j) authorise any Electrical Inspector or other officer of a specified rank and class to enter, inspect, and examine any place, carriage or vessel in which he has reason to believe any appliance or apparatus used in the generation, transmission, supply or use of energy to be, and to carry out tests therein, and to prescribe the facilities to be given td such Inspectors or officers for the purposes of such examination and tests; (k)... (l)... (3) Any rules made in pursuance of Clauses (e) to (j) both (inclusive) of Sub -section (2) shall be binding on the Government. (4)...
(3.) IN exercise of the powers conferred by Section 37 ibid, the Board constituted under Section 36 -A of the Act, framed Rules known as Indian Electricity Rules, 1956 (hereinafter called the 1956 Rules). Rule 2(w) defines 'Inspector'. Rule 4 of the 1956 Rules lays down the qualifications of Inspectors. Rule 2(w) and Rule 4 of the 1956 Rules are reproduced below for ready reference:(Note Rule 4 was substituted for an earlier Rule with effect from 4th September, 1986 and it is the substituted Rule which is being quoted as it is not necessary to quote Rule 4 prior to 4th September, 1986): 2(w) 'Inspector' means an Electrical Inspector appointed under Section 36; 4. Qualifications of Inspectors. - -No person shall be appointed to be an Inspector unless - - (a) he possesses a degree in electrical engineering or its equivalent from a recognised University or Institution; and (b) he has been regularly engaged for a period of at least eight years in the practice of electrical engineering, of which not less than two years have been -spent in an electrical or mechanical engineering workshop or in generation or transmission or distribution of electricity, or in the administration of the Act and these rules, in a position of responsibility: Provided that the appropriate Government may, for a period of seven years commencing on the date the Indian Electricity (Amendment -4) Rules,, 1986 are brought into force, also appoint a person possessing recognized Diploma in Electrical Engineering and having prescribed experience to be an Inspector in respect of low and medium voltage installations only. It may be added here that Rule 4 -A and 4 -B were inserted in the 1956 Rules with effect from 9th April, 1966. Rule 4 -A and Rule 4 -B (as it stood prior to its substitution with effect from 20th September, 1986) are quoted below: 4 -A. Appointment of Officers to assist Inspectors. - -(1) The appropriate Government may by notification in the official Gazette, appoint as many officers as it thinks fit to assist an Inspector. (2) The appropriate Government may, by a separate notification in the official Gazette, authorize certain officers appointed under Sub -rule (1), for the purposes of Sub -rule (3) and Sub -rule (4) of Rule 5, Rule 9, Rule 10, Clause (c), of Sub -rule (1) of Rule 32, Clause (b) of Sub -rule (1) and Clause (c) of Sub -rule (2) of Rule 46, Sub -rule (1) of Rule 49, Sub -rule (6) of Rule 61 arid Clause (b) of Sub -rule (5) of Rule 67. 4 -B. Qualifications of officers appointed to assist Inspectors. - - -No person shall be appointed, as an officer to assist an Inspector, unless - - (a) he possesses, a degree or diploma in electrical engineering from a recognized University or Institution or qualifications equivalent to such degree or diploma; and (b) he has been regularly engaged for a period of at least three years in the practice of electrical engineering, of which not less than one year has been spent in an electrical or mechanical engineering workshop or in generation, transmission or distribution, of electricity, or in the administration of the Act and these rules, in a position of responsibility: Provided that the appropriate Government may relax the requirements of experience in case of officers otherwise well qualified, Rule 4 -B ibid Was substituted by GSR No. 772, dated 5th September, 1986 with effect from 20th September, 1986 and the substituted Rule 4 -B is reproduced as follows: 4 -B. Qualifications of officers appointed to assist the Inspectors. - -No person Shall be appointed as an officer to assist an Inspector unless - - (a)(i) he possesses a Degree in Electrical Engineering or its equivalent from a recognised University or Institution; arid (ii) he has been regularly engaged for a period of at least three years in the practice of electrical engineering, of which not less than bile year has been spent in an electrical or mechanical engineering workshop or in generation or transmission or distribution of electricity, or in the administration of the Act and these rules, in a position of responsibility: Provided that the appropriate Government may relax the requirements of experience in case of officers otherwise well qualified. OR (b) (i) he possesses a diploma in electrical engineering or its equivalent from a recognised institution; and (ii) he has been regularly engaged for a period of at east six years in the practice of electrical engineering, of which not less than two years have been spent in an electrical or mechanical engineering workshop or in generation or transmission or distribution of electricity or in the administration of the Act and these rules in a position of responsibility. (c) The persons appointed under Rule 4 -A shall undergo such training as the appropriate Government may consider it necessary for the purpose and such training shall be completed to the satisfaction of the appropriate Government.;