- (1.) This order shall dispose of the above three petitions as common question of facts are involved in all these petitions. However, for the facility of reference, the facts are being taken from CWP No.19334 of 2010.
(2.) The petitioners have filed this writ petition under Article 226 of the Constitution of India for quashing of impugned orders dated 07.10.2010 and 14.10.2010 (Annexures P-12 & P-13) whereby private respondent Nos.5 to 38 were ordered to be promoted to the post of Assistant Engineers although they were juniors to the petitioners simply on the ground of date of acquiring qualification of AMIE/BE and further quashing of impugned order of promotion of respondent Nos.3 and 4 dated 28.11.2008 (Annexure P-7).
(3.) Petitioners are working as Junior Engineers in the Panipat Thermal Power Station in the Haryana Power Generation Corporation Ltd., and the services were governed under the Punjab State Electricity Board Service of Engineers (Electrical) Regulations, 1965 (for brevity 'the Board'). As per rules of the Board, under Rule 6(a) it is provided that the recruitment to the post of Assistant Engineer shall be made by direct recruitment as well as by promotion and transfer. One of the condition as per 4 11 of the Board that the promotion for the post of Assistant Executive Engineer is that he should pass the Departmental Accounts Examination and Safety Code Examination prescribed for Engineering Officers. As per Rule 11 of the Board, the promotion shall be made on the basis of merit and suitability in all respects with due regard to seniority. Vide office Order No.33 dated 27.02.1989 (Annexure P-1), promotion to the post of Assistant Engineers from Engineering Subordinate possessing AMIE/BE qualification in 121/2% quota as provided in Regulation 9 of the Board, some directions were given whereby it was provided that the ranking list of Engineering Subordinates for their promotion as AE after having qualified the AMIE/BE Examination and completion of five years of service in the cadre. The ranking list was to be prepared on 1 st day of January each year and the names of eligible candidates in the ranking list will be arranged in order of their date of passing AMIE/BE Examination. Further clarification was issued on 20.10.1993 (Annexure P-2), in which it was clarified that the determination of the eligibility for promotion will be the acquisition of qualification of AMIE/BE and completion of five years of service in the Cadre of Engineering Subordinates and the eligibility shall be determined on satisfying both the conditions. Vide notification dated 19.02.1988 (Annexure P-3), it was provided that recruitment to the post of Assistant Engineer shall be made in the ratio of 65: 35 whereby 65% quota was to be made for direct recruitment and 35% for promotion. Further in 35% quota for promotion, the 221/2 % quota shall be made from amongst the Engineering Subordinates of Generation Cadre with five years' service as Controllers/Master Foremen and Senior Supervisors and for rest of the quota of 121/2% promotion shall be made from amongst the Engineering Subordinates of Generation Cadre possessing AMIE/BE qualification and having five years service.;