JUDGEMENT
SURYA KANT, J. -
(1.) This order shall dispose of C.O.C.P. Nos.397, 433,434 and 435
of 2006 as common questions of law are involved in these matters. The facts
have, however, been taken from COCP No.397 of 2006.
(2.) The petitioners filed CWP No.4480 of 2004 in which directions
for their regular promotion on the post of Junior Engineer was sought. The
aforesaid promotion was sought by them on the ground that they are
Diploma Holder Linemen and were working as such for continuous period
but did not get the pay scale of a Junior Engineer. The writ petition was
disposed of by this Court on 13.12.2005 in the light of the Board's circular
dated 3.5.2005 wherein different quotas for different categories for
promotion to the post of Junior Engineers were prescribed. A direction was
issued to the respondents that they shall consider the claims of the
petitioners in accordance with the circular dated 3.5.2005.
Alleging non-compliance of the afore-stated order, these
contempt petitions have been filed.
(3.) In response to the show cause notice, separate affidavits have
been filed by Shri Y.S.Ratra, IAS (Retd.), Chairman, and Engineer
P.P.Garg, Director (Personnel) of the Punjab State Electricity Board. Mr.
Garg has stated that after the circular dated 3.5.2005, a slight modification
was made in the promotion policy vide office order dated 21.8.2006
(Annexure R-1). However, 5% quota prescribed for promotion of the
diploma holder Linemen has been kept intact. It is averred that after the
issuance of the circular dated 3.5.2005 till 12.7.2006, 257 promotions to the
posts of Junior Engineers had been made. It is further averred that the
process for promotion to 60 posts of diploma holder Linemen including 14
belonging to reserved category, has already been almost completed.
During the course of hearing, Mr. Goel, learned counsel for the
respondents, has produced on record a copy of the order dated 26.9.2006
vide which 60 diploma holder Linemen, in terms of the averments made in
the aforementioned affidavit, have been promoted.;
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