Muttaci Jeyapaul, J. - (1.) The Writ Petitioners who figured as applicants 1 and 4 before the learned Central Administrative Tribunal aggrieved by the dismissal of their plea to give promotion from the date when it became due to them in accordance with 20% quota meant for them as per Chandigarh Administration Engineering Department, Electricity Circle (Group C), Junior Engineer (Grade -II) Recruitment Rules, 1988 (for short Recruitment Rules, 1988) have come forward with the present petition.
(2.) The Writ Petitioners have contended that they were appointed as Linemen in the year 1997. As per the Recruitment Rules, 1988, out of 55% earmarked for promotion quota, 20% posts of Junior Engineer -II are required to be made from Linemen with diploma in Electrical with three years experience and remaining 35% are to be bifurcated in different categories who are working as Linemen and Sub Station Attendants but are not in possession of diploma qualifications. The respondents have passed the impugned order dated 10.8.2004 declining to grant the relief to the Writ Petitioners. The applicants being diploma holders who have rendered three years' experience are entitled to be promoted against the specified 20% quota in terms of the recruitment Rules 1988. The respondents intentionally made promotion of five candidates who belong to different category against the quota of the Writ Petitioners by wrongly interpreting the Rules under the impugned order. Infringement of quota prescribed under the Rules is violative of Articles 14 and 16 of the Constitution of India. Therefore, the Writ Petitioners have pleaded that the promotion of the private respondents is liable to be quashed.
(3.) The respondents have pleaded in their written statement that the Writ Petitioners are down below in the seniority of Linemen at Sr. No. 240 and 242. Persons who are senior to the Writ Petitioners up to Sr. No. 208 have been promoted as Junior Engineer -II. The employees at Sr. No. 199, 201 and 303 who have acquired higher qualification of diploma in Electrical Engineering are also to be promoted. The private respondents who were earlier Meter Readers were promoted as Linemen against the vacancies which arose before the year 1989 in terms of PSEB Class -III Employees Regulations 1972 as per the order passed by the learned Administrative Tribunal in O.A. No. 296 -CH -1990 titled Swaroop Singh and others versus Union of India etc. The private respondents were promoted as Linemen with effect from 10.12.1986 on notional basis, whereas the Writ Petitioners were appointed only in the year 1997. They cannot lay any claim over the vacancies that existed prior to 1997. Therefore, it was contended in the written statement that by no stretch of imagination, the Writ Petitioners could claim their promotions against the vacancies filled by the private respondents on promotion. Further, it was submitted that there are other employees who are much senior to the Writ Petitioners, waiting for promotion against their quota.;