DEBABRATA BHATTACHARJEE, EXECUTIVE ENGINEER Vs. MEGHALAYA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) BY this writ petition, the petitioner is assailing the order of the Meghalaya State Electricity Board (for short 'Me. SEB') dated 24.06.2009 that "the petitioner was not promoted to the post of Executive Engineer till his retirement from Board's service on 31.08.2005, therefore, he will not be entitled to any financial benefit, while the other 4(four) Assistant Executive Engineers will be entitled to financial benefits w.e.f. the respective date(s) they joined the post of Executive Engineer on promotion" and also for a direction to the respondents to release all consequential service benefits to the petitioner with retrospective effect from 30.05.2002 i.e. the date of his promotion in the rank of Executive Engineer, which had been granted to the other four similarly situated Executive Engineers.

(2.) HEARD Mr. S Sen, learned counsel for the petitioner and Mr. KS Kynjing, learned senior counsel assisted by Mr. SM Surong, learned counsel for the respondents -Board.

(3.) THE petitioner is a diploma holder. The Assam State Electricity Board was independently functioning before Meghalaya attained Statehood and only in the year 1975, the State Electricity Board became Meghalaya State Electricity Board (Me. SEB) and the petitioner became employee of the Me. SEB from 1995. The petitioner was promoted to the rank of Assistant Executive Engineer on 31.12.1990 along with some degree holders (Assistant Executive Engineer). On 18.06.1997, a provisional gradation list of Assistant Executive Engineers wherein, the petitioner and 4(four) others diploma holders were placed below those degree holders Assistant Executive Engineers promoted in the year 1990, was published. The petitioner also filed several representations against the gradation list of the Assistant Executive Engineers published on 18.06.1997. While the said representations of the petitioner against the said gradation list of the Assistant Executive Engineers published on 18.06.1997 were pending, the Departmental Promotion Committee (DPC) was held on 30.05.2002 on the basis of the said gradation list wherein, the petitioner and 4 (four) others diploma holders were en bloc below the degree holders Assistant Executive Engineers and as a result, the petitioner and 4(four) others diploma holders Assistant Executive Engineers were not promoted to the post of Executive Engineers.