M.M. Kumar, J. - (1.) The principal dispute raised in this petition filed under Article 226 of the Constitution is, as to whether the qualification of AMIE from the Institute of Mechanical Engineers (India) Mumbai, acquired by the petitioner is a recognised qualification for promotion to the post of Assistant Engineer in the quota for AMIE qualified technical subordinates like the petitioner In Punjab State Electricity Board (for brevity 'the Board'). The petitioner has approached this Court seeking a direction to the respondents Board to consider and promote him to the post of Assistant Engineer by accepting his degree of AMIE in terms of seniority granted to him by the Board in the afore -mentioned category w.e.f. the date persons junior to him have been promoted. The petitioner has also prayed for all consequential benefits including seniority, arrears of salary etc. A further prayer has also been made for quashing order dated 4.9.2003 (Annexure P.14) issued by the Board refusing to recognise the AMIE qualification equivalent to Bachelor of Engineer's degree.
(2.) Brief facts of the case are that the petitioner jointed as Junior Specialist (Mechanical) in the Board in February, 1990. At that time he possessed the diploma in Mechanical Engineering. In December, 1997 the petitioner passed Sec. A and B of the Associate Membership Examination from the Institute of Mechanical Engineering (India) (Annexure P.1). The afore -mentioned degree is duly recognised by the Government of India as is evident from the perusal of letter dated 6.10.1981 (Annexure P.2) issued by the Government of India, Ministry of Education and Culture. The afore -mentioned letter of recognition has been duly accepted by the State of Punjab as it has circulated the letter of the Government of India dated 6.10.1981 to all concerned departments (Annexure P.3). It has been observed by the State of Punjab that the said qualification is deemed to be recognised for the purposes of employment to the service and posts in the appropriate field in various departments. The Board itself had written a letter on 20.12.2001 to the Institute of Mechanical Engineering Bombay seeking confirmation regarding recognition of Institute of Mechanical Engineers (India) Mumbai (Annexure P.4). The Institute in reply has stated that the degree has been issued by the Institute to the petitioner which is recognised by the Department of Education in the Ministry of Human Resources and Development at par with the degree in Mechanical Engineering from an Indian University. In that regard a reference was made to Notification No. F -18 -31/71/T.2/T.7 dated 26.5.1976 and 6/24.10.1981 (Annexure P.5). In reply to another letter, the Ministry of Human Resources Development, Government of India on 1.1.2002 intimated to the Board that the certificate issued by the Institute of Mechanical Engineering was equivalent to a degree in Mechanical Engineering from a recognised Indian University (Annexures P.6 and P.7). The Board was eventually satisfied that the petitioner was AMIE qualified person and on that basis granted him seniority amongst those who have AMIE qualifications. His name was included in the seniority list of AMIE qualified persons vide order dated 24.8.2001 (Annexure P.8) and he was allocated seniority list No. 121 A.
(3.) The service conditions of the petitioner are regulated by the Punjab State Electricity Board Service of Engineers (Electrical) Regulations, 1965 (for brevity 'the Regulations'). According to Regulation 10(7) of the Regulations, 14 percent of the cadre posts of Assistant Engineers are reserved to be filled up from departmental employees possessing the AMIE degree qualifications. There is no dispute that the expression 'technical subordinates' as defined in appendix E appended to 1965 Regulations includes a Junior Specialist (Mechanical).;