Rajiv Narain Raina, J. - (1.) This order disposes of two writ petitions bearing CWP No.26163 of 2013 and CWP No. 8379 of 2015, as common issues are involved in them which can conveniently be decided by a common order.
(2.) The petitioner-Rajesh Kumar Poonia (in CWP No. 26163 of 2013) is working as Shift Attendant since August 10, 2004 in the respondent-Nigam. He claims promotion to the post of Junior Engineer on the strength of his Trade Proficiency Certificate (TPC) earned while serving in the Signal Regiment of the Indian Army. He has in addition successfully completed all phases of Technical Training and had to his credit 21 years of experience in equipment handling technical work while on duty at various Signal Regiments during Army service. He was employed in the Nigam on the strength of being an Ex-serviceman. The rules of service permit promotion from Shift Attendant to Junior Engineer on completion of 6 years of satisfactory service. As per clause 2.4.4 of the Recruitment and Promotion Policy dated June 7, 2004, an official of Technical Cadre Subordinate Staff [including the category of the petitioner] possessing BE/AMIE/3 years diploma with 3 years of experience were eligible to be promoted as Junior Engineer, Sub Station on the basis of a ranking list prepared from 1st August to 31st July in a year. The earlier rule position was prevailing before the petitioner was appointed as Shift Attendant. But the name of the petitioner was not included in the ranking list of the year 2007 as the Nigam felt that he had not completed 3 years service with the Nigam upto July 31, 2007 and accordingly, he was rightly ignored. However, the Recruitment and Promotion Policy was revised vide office order dated July 15, 2008 and as per its Clause 5.5.1, 5 years of regular service in the Nigam was introduced replacing the earlier condition of 3 years of service and the new order was made the pre-requisite for promotion to the post of Junior Engineer, Sub Station, in case of Technical Cadre Subordinate Staff. Accordingly, his name for promotion could not be considered till 2011. When he acquired the requisite experience, a dispute arose as to the qualifications possessed by the petitioner while serving in the Army and whether they are equivalent to the prescribed essential qualifications for the post of Junior Engineer in the Nigam which was inter alia qualifying the 3 years diploma in the streams mentioned in the policy. The streams are not in dispute or of any concern presently. What is disputed by the respondent Nigam is that the petitioner does not have a qualification equivalent to 3 years diploma obtained from the Haryana State Technical Education Board.
(3.) The Nigam was unsure as to whether the petitioner had acquired and possessed the essential or its equivalent qualification to consider him eligible for promotion to the post of Junior Engineer and to this end the Nigam had a clarification from the Army authorities regarding the certificates possessed by the petitioner and whether they could be treated as equivalent. The first communication received by the Nigam is dated October 23, 2012 signed by Major Sanjeev Y.K., Offg 2IC & SI for the Commanding Officer, which reads as follows:- "Haryana Vidyut Prasaran Nigam Ltd. Office of the Superintending Engineer (Admn-II) Shakti Bhawan, Sector 6, Panchkula-134109 ClARIFICATION REGARDING CERTIFICATES 1. Reference to your letter Memo No.Ch-68/SEG- 40/Vol-III dated 12 Oct 2012. 2. It is intimated that Technical Proficiency Certificate in respect of Rajesh Kumar has been verified and found genuine. The certificate was issued to the individual after successful completion of his Technician Electronics System (TES), Class-1. 3. It is further intimated that the exemption certificate issued to the individual is genuine and was issued prior to Oct 96 which is not equivalent to 3 years diploma by the State Boards of Technical Education. But to recognise (pre Oct 96) course equivalent to Diploma course in Electronics and Telecom Engg (DIPIETE) conducted by Institution of Electronic and Telecom Engg (IETE) exemption of 13 papers out of 16 papers is granted and the rest to be declared by the indl. 4. With the above exemption, a person qualified with TER/TES Class I prior to Oct 9 can acquired a civil diploma in Electronics & Telecom Engg by passing the balance papers of DIPIETE. 5. This is for your information and necessary action please.";