- (1.) The petitioners have challenged the promotion policy contained in Office Order No. 687/NGE/G-761, dated August 9, 1974, issued by the Haryana State electricity Board in this petition under Articles 226/227 of the Constitution of India.
(2.) The Haryana State Electricity Board (for short, the Board) in the policy decision under challenge provided that the posts of Assistant Engineer II shall be filled up in the following manner:- (i) Direct recruitment; 65% (ii) Promotion from amongst 20% Diploma Holders with Electrical/Mechanical qualifications. (iii)A.M.I.Es. (full) 5% (iv) Drawing staff, non-Diploma 10% holders, others on merits on the basis of the recommendations of the XA. "This is subject to the provisions that the officials at item No. (ii) above must have rendered 5 years service in the Board out of which one year must be as Junior Engineer provided further that if the existing Junior Engineers are found unsuitable for promotion to the rank of A.E.II then appropriate steps under the rules may be taken to revert then so that they are not able to block the promotion chance of these persons Junior to them. In the case of item no. (iii) above, the officials must have passed the A.M.I.E. Examination in full while in the service of the Board and also provided that they shall be eligible for consideration or promotion to the rank of A.E. II from the date they pass the A.M.I.E. examination in full. In the case of item No. (iv) above, the officials must have rendered 10 years service in the Board. The mode of promotion to the rank of Maintenance Engineers shall remain unchanged. B.Similarly promotion to the rank of Junior Engineer shall henceforth be made in the following ratio:- (i) Diploma holders with three years service and A.M.I.E.'s Sections A with 5 years experience as ES/SSO etc. in the Board. 60% (ii) I.T.I. with 5 years experience, Non-Diploma holders and others with 8 years experience. 40% C.Diploma holding Executive Engineers shall henceforth be eligible for consideration for promotion to the rank of Superintending Engineers, provided that:- (a) the officers must be of outstanding ability; (b) the consideration will be on the basis of seniority cum suitability as Executive Engineers; and (c) at any one time there will not be more than one diploma holder working as Superintending Engineer. The above decisions have been taken by the Board in its meeting held on 2.7.74."
(3.) Petitioner No. 1 was appointed as Line Superintendent vide ordered dated July 24, 1961 petitioner No. 2 was appointed as Assistant Lineman vide order dated December 19, 1951. He was promoted to the rank of Lineman Grade II on May 28, 156 and Lineman Grade I on April 22, 1959. He was promoted a as Line Superintendent vide order dated June 22, 1962. Petitioner No. 3 was appointed as Lineman Grade II in the P.W.D. Electricity Branch on November 13,1962. He was promoted as Line Superintendent on January 27, 1961 vide order dated January 19, 1961, but he was reverted as Lineman Grade II on August 12, 1961. He was again promoted as Lineman Grade I on December 24, 1963. He was appointed as Line Superintendent vide order dated July 1, 1964. The petitioners were assigned seniority at serial Nos. 167,192 and 265 respectively in the seniority list of Line Superintendents. All the Line Superintendent whether Diploma holders or non-Diploma holders are members of the same class of service and are governed by the same conditions of service as they constitute one class for the purpose of promotion. The Board has made reservation for posts for Diploma Holders and non-Diploma holders in an arbitrary manner, Once the Diploma holders and the non-Diploma holders are appointed to the came post, they cannot be discriminated for further promotions.;