Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950---Articles 14 & 16 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India, 1950---Articles 14 & 16--State Electricity Board-Service rule-Promotion from post of line men to line superintendent-Differentiation between diploma and non-diploma qualified line men-Fixation of quota on such basis-Held illegal and unconstitutional.Civil Services-P. W.D. (Electricity Branch) Provisional Class Ill (Subordinate Posts) Rules, 1952-LineĀ· Men to Line Superintendent- Promotion of-Differentiation between diploma and non-diploma holders in fixation of quota for promotion-Whether valid and constitutional. Plaintiff-respondent Ravinder Kumar Sharma joined service as a Line-Man under the respondent-Electricity Board. The terms and conditions of the service of the Line-Man as well as of the Line-Superintendent were governed by the P. W .D. (Electricity Branch) Provisional Class III (Snbordinate posts) Rules 1952. The Line-Man are either diploma holders or I. T .I. trained or non-diploma holders and they form and constitute one common cadre known as Line-Man and were in the same scale of pay. The seniority list of all the Line-Man is common and joint. By order dated 12.7.1977, the respondent-Board promoted Gurdial Singh, Jaswant Singh and Ramesh Kumar shown in the common seniority list at S. Nos. 1451, 1546 and 2309 respectively, to the post of Line-Superintendent even though the plaintiff-respondent's position in /~ the seniority list was at S. No. 995 and he was senior to the said officials. By order dated I 7 .8.1977 the Chief Engineer of the respondent-Electricity Board further promoted Sudesh Kumar and Virender Kumar whose name stand at S. No. 1877 and 2279 in the joint seniority list. The Plaintiff-respondent filed a suit alleging that this policy of promotion from Line-Man to Line-Superintendent on a pick and choose basis by fixing a quota between the diploma holders and non-diploma holders is wholly illegal, unconstitutional and arbitrary as it adversely affected the promotional prospect of the non-diploma holders Line-Men and prayed for a decree declaring that the orders dated 12.7.1977 and 17.8.1977 promoting the defendants 3 to 7 are illegal, discriminatory and null and void as it arbitrarily affects the rights of the plaintiff who is senior to them and that he be promoted to the post of Line- Superintendent from the date defendant Nos. 3 to 7 were promoted.The defendant Nos. I and 2 contested the claim of the plaintiff contending that the terms and conditions of service of Line-Man and the Line-Superintendent are governed by the P. W .D. (Electricity Branch)=Provisional Service Class III (Subordinate Posts) Rules 1952 framed by the State Government under Art. 309 of the Constitution, that the Electricity Board by various orders prescribed quota for diploma holders Line-Men for promotion to the post of Line-Superintendent, that according to this quota the defendant Nos. 3 to 7 have been promoted and that the fixation of the quota on the basis of educational qualification cannot be questioned as arbitrary or discriminatory.The Subordinate Judge First Class decreed the suit, holding that the plaintiff was entitled to promotion to the post' of Line-Superintendent and the orders dt.1 2.7.1977 and 17.8.1977 whereby the defendant Nos. 3 to 7 were promoted even though they were junior to the plaintiff are illegal and in violation of the rights of the plaintiff and, therefore, the plaintiff was declared to have been promoted from the date when his said juniors were promoted. The appeal filed by the .State Electricity Board was dismissed by the Additional District Judge holding that there was no reasonable nexus by fixing quota for promoting diploma-holders Line-Men to the post of Line-Superintendent even though the non-diploma holders as well as the diploma holders formed the joint cadre of Line-Man for promotion to the post of Line-Superintendent. The judgments and decrees of the Courts below were affirmed by the High Court. |
Judge | Hon'ble Mr. Justice B.C. Ray |
Neutral Citation | 1986 INSC 220 |
Petitioner | Punjab State Electricity Board, Patiala & Anr. Etc. |
Respondent | Ravinder Kumar Sharma & Ors., Etc. |
SCR | [1987] 1 S.C.R. 72 |
Judgement Date | 1986-10-27 |
Case Number | 3341 |
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