- (1.) Both the writ petitions are at the instance of employees in the then Punjab State Electricity Board (PSEB) seeking to challenge the seniority list which was sought to be finalized through communication dated 25.05.1987. The respective petitioners in both the writ petitions belonged to the Supervisory Accounts Service (SAS) in the Electricity Board. The seniority list was prepared for the rank of SAS officers and the grievance of all the petitioners have been that the basis for promotion that included additional qualifications were discriminatory. The persons, who were in the same cadre but drawn up at with different educational qualifications, cannot be discriminated for further promotions on the basis of such educational qualifications only. A provision for a quota based on such qualification would be violative of Article 14 and 16 of the Constitution.
(2.) Some more facts to fit the law into the contentions raised by the parties may become necessary. At the lower end of the scale were LDC/UDC/Assistant Revenue Accountants; The next higher post is Divisional Accountants, still higher is the post of SAS and still higher post is Accounts Officer. For a promotion to the post as Divisional Accountants from LDC/UDC/Assistant Revenue Accountants, the requirement is a pass in Part-I accounts test. That all the petitioners were persons who have been Divisional Accountants is not in dispute. From out of the Divisional Accountants, there was a provision for a 10% quota, who were entitled to be promoted on obtaining qualification in passing Part-II SAS test. The further requirement was that such a person must have served at least 5 years as a Divisional Accountant. The persons who did not pass Part-II test were also entitled to a further promotion as SAS if such a person had completed 8 years of service as Divisional Accountant. This 10% quota was subsequently raised to 25% by the amendment of the Rules/instructions. In the cadre of SAS therefore there were two classes of persons. One, the persons who had been Divisional Accountants, who did not pass Part-II but having been promoted on completion of 8 years of service. Two, the class of persons who had passed Part-II examination and arriving to the promotion post after completion of 5 years experience as Divisional Accountants. The drawing up of the seniority list for consideration for further promotion to the Account Officer's post was ridden with controversy on the application of the amended rule which provided that only persons, who had passed Part-II examination and who had also completed 5 years of experience as SAS could be considered and persons who had not passed Part-II examination would rank lower in the order of seniority for consideration. In the manner of promotion to the Accounts Officer's post itself, there was a certain quota system which was as follows: (i) 4 posts were reserved for promotion from amongst HO Superintendent; (ii) 30% of the total cadre posts excluding 4 posts reserved as above, by direct recruitment; and (iii) 70% of the total cadre posts excluding 4 posts would be promotion from amongst SAS Accountants who had completed 5 years as such SAS, and who had qualified in Part-II examination as well. The seniority position prior to confirmation would be determined by the dates on their continuous appointment in that class and after confirmation according to the respective dates of confirmation. There was some exceptional situations which we are not immediately concerned with.
(3.) In the manner of drawing up of the seniority list, the following four considerations were adopted:- (a) In the cases of those qualified Divisional Accountants who had completed 5 years of service as Divisional Accountant and passed SAS Part-II examination or from the date, the examination came to an end. (b) In the cases of those qualified Divisional Accountants who have passed SAS Part-II examination but have not as yet cleared 5 years of service as Divisional Accountants; from the date, when they completed 5 years of service as Divisional Accountant; (c) In the case of officials appointed against 25% quota posts; from the date of issue of office order; (d) In case of officials who have been given exemption; from the date the exemption was given." Clause No.(c) referred to above was subject to some more corrections to read as follows:- "(a) In case of officials appointed against 25% reserved quota from the date arrived at on the basis of their suitability, eligibility and availability." ;