MANU/SC/0337/1998

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 5546 of 1995

Decided On: 29.04.1998

Appellants: Secy.-Cum-Chief Engineer, Chandigarh Vs. Respondent: Hari Om Sharma and Ors.

Hon'ble Judges/Coram:
Saiyed Saghir Ahmad, K. Venkataswami and S. Rajendra Babu

JUDGMENT

Saiyed Saghir Ahmad, J.

1. This appeal is directed against the judgment dated 14.12.93 passed by the Central Administrative Tribunal, Chandigarh (for short, 'the Tribunal')-

2. The dispute relates to the promotion on the posts of Junior Engineer-I. Admittedly, promotion on the posts of Junior Engineer-I are made from amongst Junior Engineers/S.S.Os./Meter Inspectors. Since there were three different feeder posts from which promotions were to be made, the appellant themselves fixed the respective quotas. 34 percent of the posts were to be filled up by direct recruitment from the open market from amongst diploma holders. 33 per cent of the posts were to be filled up by diploma holders linemen already working with the appellant. Another 33 per cent of the posts were to be filled up from amongst non-diploma holders linemen/Meter Readers who had put in 10 years of service.

3. In order to make promotions, an integrated seniority list of persons working in three categories of feeder posts was drawn up and it was from this seniority list that promotions were made and the quota system was not adhered to in view of the decision of this Court in Punjab State Electricity Board and Anr. v. Ravinder Kumar Sharma and Ors. MANU/SC/0481/1986 : (1987)ILLJ115SC . It is also stated by the appellant that 33 per cent quota, meant for non-diploma holders, was quashed by this Court by its Judgment dated 30th of January, 1987 in Punjab State Electricity Board v. Sukhdev Raj Sharma and Ors.,   MANU/SC/0391/1987 : JT1987(1)SC333 . It was after this Judgment that the recruitment rules were modified and it was provided that the posts of Junior Engineer-I would be filed up, not on the basis of quota, but on the basis of integrated seniority-cum-merit.

4. The respondent was promoted as Junior Engineer-I in 1990 and has been continuing on that post without being paid salary for that post or without being promoted on regular basis. It was in this situation that the respondent approached the Tribunal and the Tribunal, as pointed out earlier, allowed the claim petition with the direction that the respondent shall be paid salary for the post of Junior Engineer-I and shall also be considered for promotion on regular basis on the basis of quota fixed for non-diploma holders with 10 years of service. Admittedly, the respondent is the senior most person in the cadre of non-diploma holders and has also put in 10 years of service.

5. The decision in Punjab State Electricity Board and Anr. v. Ravinder Kumar Sharma and Ors., (supra) was overruled by this Court in T. Murugesan and Ors. v. State of Tamil Nadu and Ors.,   MANU/SC/0484/1993 : (1993)ILLJ944SC . It was on this decision that the Tribunal placed reliance and came to the conclusion that the promotions had still to be made on the basis of quota fixed for three different feeder categories and not on ........