- (1.) The petitioners in this petition under Articles 226/227 of the Constitution of India pray for the issuance of a writ in the nature of mandamus directing the respondent-Punjab State Electricity Board (Board - for short) to release the revised higher scale of pay after 9 and 16 years of service rendered by them from the admissible dates as also to release the revised pensionary benefits such as pension, death-cum-retirement gratuity and leave encashment, after releasing the aforesaid revised higher scale of pay after 9/16 years of service from the date they were retired from service on attaining the age of superannuation. A further prayer is made for quashing the impugned action of the respondents which has been passed in a similar case of Sunder Lal on 22.10.2003 (Annexure P-10) because the diploma-holders are not being allowed the revised promotional scale of 9/16 years of service only on the ground that they are diploma-holders.
(2.) The petitioners joined the service of the Board in 1962. In 1964, they along with one Mr. Surinder Kumar Jain (S.K. Jain - for short) were Sectional Officers (Civil (SOs - for short). The petitioners were senior to said S.K. Jain because they joined in the year 1962 whereas S.K. Jain joined in 1964. The petitioners passed their three-years diploma in Civil Engineering from the Punjab State Board of Technical Education. The Board, in terms of order dated 9.10.1978 (Annexure P-2) promoted Amarjit Singh Dhull (petitioner No. 3) and Ved Parkash Puri (petitioner No. 4) as Assistant Engineers (Civil) (AEs - for short). T.S. Behl (petitioner No. 4) was also promoted as AE vide order dated 12.6.1984 (Annexure P-3). Likewise, K.N. Sharma (petitioner No. 2) was also promoted as AE in 1984. Two of the petitioners i.e. Amarjit Singh Dhull (petitioner No. 3) and Ved Parkash Puri (petitioner No. 4) were promoted vide order dated 3.11.1988 (Annexure P-4) as Assistant Executive Engineers (Civil) (AEEs - for short). Similar orders were also issued vide which the petitioners and S.K. Jain were promoted as AEEs. It is the case of the petitioners that they are senior to S.K. Jain and even otherwise as per the service rules applicable, their seniority in the service is determined on the basis of continuous length of service. The seniority list (Annexure P-5) of SOs (Civil) for the period ending 31.10.1981 shows that Amarjit Singh Dhull (petitioner No. 3) is at Sr. No. 27, T.S. Behl (petitioner No. 1) is at Sr. No. 31 and K.N. Sharma (petitioner No. 2) is at Sr. No. 38 while S.K. Jain is at Sr. No. 85. The Board issued a Finance Circular dated 24.5.1990 (Annexure P-6) in terms of which the AEs/AEEs were placed in the next higher pay scale of Rs. 3000-5600 after 9 years of service and in the scale of Rs. 4500-6300 on completion of 16 years of service. It was also provided that the claim for 9/16 years time bound placement in the higher scales would be effective from 1.1.1986. An employee for becoming eligible for the grant of time bound promotional scale was required to pass the departmental accounts examination and departmental safety code examination. All the petitioners passed the departmental accounts examination. However, it is claimed that the safety code examination is not applicable in their case because they belong to the civil side and the safety code examination is only applicable to engineers of the electrical side. S.K. Jain, who is junior to the petitioners, has been granted time bound revised scale of Rs. 3000-5600 after completion of 9 years service and also the revised scale of Rs. 4500-6300 after completion of 16 years service as AE/AEE vide orders dated 6.3.2002 (Annexure P-7) w.e.f. 25.8.1995. The petitioners, despite representing to the authorities have not been granted the similar scales which is applicable in terms of the policy of the Board. Hence, the present petition.
(3.) On notice, reply has been filed by the Deputy Secretary-II of the Board and it is stated that the petitioners are not covered by the instructions of the Board issued on 24.5.1990 (Annexure P-6). The time bound promotional scale, it is submitted, is granted with respect to induction level for counting the service. The petitioners are directly appointed as AEs and under Regulation 9 of the Punjab State Electricity Board Services of Engineers (Civil) Regulation Rules, 1965 (Regulations - for short), the induction post for the purpose of grant of next higher scale is AE (Civil) and the prescribed time limit of 9/16 years is computed from direct entry level in the cadre for AEs. Similarly, the technical subordinates who get promotion as AE under Regulation 10.4 and 10.6 of the Regulations on the basis of qualifications of BE/AMIE as per promotion quota are also treated at par with directly recruited AEs. The petitioners, it is submitted, joined the service of the Board as SOs (Civil) and they got promotion as AEs (Civil) as per avenue of promotion for diploma holders under Regulation 9.1 of the Regulations. As per directions and conditions laid down and the instructions issued vide office order No. 205 dated 24.5.1990, they are not entitled for the grant of 9/16 years time bound scales as they are not degree holders. Therefore, it is prayed that the writ petition be dismissed.;