PUNJAB STATE ELECTRICITY BOARD LTD. v. JAGDEV SINGH AND ORS.

The Judgment of the Court was delivered by E Dr. ARIJIT PASAYAT, J. 1. The appellant-Punjab State Electricity Board Ltd. (in short the 'Board') has questioned cor- rectness of the judgment rendered by a learned Single Judge of the Punjab and Haryana High Court dismissing the Second F Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (in short the 'CPC').

2Copy pinpoint2. A suit was filed by the respondents-plaintiffs in the Court of Senior Sub-Judge, Patiala for declaration with consequen- tial relief of permanent injunction. They claimed to be entitled to be considered for promotion as Assistant Engineer (Electrical) in terms of the order dated 5.10.1989 passed by the Board being Technical Subordinates grade-I. Relief of permanent in- " junction was claimed for restraining the Board and its function- aries from promoting any Technical Subordinate Grade-I on the basis of the departmental examination, as the plaintiffs were

PUNJAB STATE ELC. BOARD LTD. v. JAG DEV 1149 SINGH & ORS. [DR. ARIJIT PASAYAT, J.]

senior to private defendants, and had qualified in the depart- A mental examination held on 15.5.1991. The examination was conducted on 26.3.1991. Certain employees who were juniors to the plaintiffs were promoted on 23.5.1991. These persons had passed the departmental examination on 19.11.1990.

3Copy pinpoint3. The suit was dismissed by the trial Court. In appeal, the B First Appellate Court observed that the plaintiffs were entitled for promotion from the date their juniors were promoted as As- sistant Engineer (Electrical) vide order dated 23.5.1991 with all consequential benefits. The Board questioned correctness of the decision by filing the Second Appeal which has been c dismissed by the impugned order holding that when the pro- motion order was passed with regard to the private defendants, the plaintiffs were eligible for promotion and since the private defendants were juniors, the plaintiffs had acquired a right for ~ consideration for promotion from the date their juniors were promoted.

4Copy pinpoint4. In support of the appeal, learned counsel for the appel- !ant-Board submitted that the effect of the Circular No.4/18/81- IPP/5594 dated 27.4.1982 issued by the Chief Secretary to the Government of Punjab to all Heads of Departments etc. was not considered. The Circular contained instructions regarding determination of eligibility for promotion to higher posts from the date of occurrence of the vacancy.

5Copy pinpoint5. Learned counsel for the appellant further pointed out that the date of occurrence of vacancy has to be taken as the relevant date for determining eligibility of promotion to higher posts. Admittedly, the vacancy arose in November, 1989. When the private defendants fulfilled the eligibility criteria the vacan- cies still existed and their eligibility was to be reckoned from G November 1989, i.e. occurrence of vacancies or in any event ~ from November 1990 when they fulfilled the eligibility criteria.

6Copy pinpoint6. Learned counsel for the respondents submitted that the Circular will have no relevance because the defendants quali- fied on 19.11.1990 and though their eligibility was to be reek- H

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A oned from that date in view of the vacancy of the posts, yet the respondents were not required to take any examination. Strong reliance was placed on certain amendments to the Regulations vide Office Order No.615/Reg.293 (Circular No.46/87) dated 15.10.87 and Office Order No.674/Reg.-25/A/Vol.IV dated B 5.10.89 (Circular No.35/89). It is conceded by learned counsel for the parties that the effect of Circulars and the amendments to the Regulations have not been considered by the High Court.

7.Keeping in view the aforesaid aspects, we set aside the impugned order of the High Court and remit the matter to it C for consideration on merits. Needless to say the relevant Circulars and regulations including the amendments applicable to the facts of the case have to be duly considered. Since the matter is pending since long, we request the High Court to dis- pose of the appeal in accordance with law as early as practi- D cable preferably within six months from the date of receipt of this order.

8Copy pinpoint8. The appeal is disposed of with no order as to costs. K.K.T. Appeal disposed of