Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

IN THE HIGH COUR OF PUNJAB AND HARYANA, CHANDIGARH
C.W.P. No.8346 of 2005
D.D. 29.1.2007
Hon’ble Mr. Justice M.M.Kumar & Hon’ble Mr. Justice Rajesh Bindal
Nirmal Singh ... Petitioner
Vs.
State of Punjab & Anr. ... Respondents
Selection by Promotion:
Petitioner working as Executive Engineer in Punjab Electrical Inspectorate challenged advertisement
for direct recruitment to the post of Chief Electrical Inspector without considering his claim for promotion
– The petitioner’s claim for promotion under the relevant rules was rejected on the ground that he
does not possess Degree in Electrical Engineering prescribed as per 1992 Rules – Petitioner appointed
as Assistant Electrical Inspector was promoted as Executive Engineer as per 1939 Rules which did
not contain any prescription of Degree qualification for promotion as Executive Engineer – 1992
Rules which repealed 1939 Rules prescribe degree qualification for promotion to the post of Executive
Engineer and for further promotion to the post of Chief Electrical Inspector prescribed experience of
working as Executive Engineer for a minimum period of 10 years – Only in the event of non availability
of a suitable candidate appointment can be made by direct recruitment - When the High Court
informed of the fact that when the petitioner was promoted to the post of Executive Engineer under
1939 Rules which did not prescribe degree qualification for promotion as Executive Engineer and as
the petitioner fulfilled the requirement of experience held that the petitioner was entitled to be considered
for the post of Chief Electrical Engineering by promotion and consequently directed to consider the
case of the petitioner for promotion to the post of Chief Electrical Engineer w.e.f 28.3.2004 till the
date of superannuation on 31.10.2006 and to give all benefits after refixation etc.
Held:
Perusal of Rule 8 read with Appendix B of 1992 of the Rules shows that promotion to the post of
Chief Electrical Inspector is to be made from amongst Executive Engineers who have an experience of
working as such for a minimum period of 10 years. It is obvious that no requirement of degree in
Electrical Engineering is prescribed under Rule 8 read with Appendix B. It is only in case of direct
recruitment that the requirement of degree has been prescribed. The mode of direct recruitment could
be resorted to only if no suitable candidate is available for appointment by promotion.
M.M.Kumar, J.
Punjab PSC
ORDER
This petition, filed under Article 226 of the Constitution, prays for quashing advertisement dated
29.1.2005 (P-8). It has further been prayed that a direction be issued to the respondents to consider
the case of the petitioner for promotion to the post of Chief Electrical Inspector in terms of the Punjab
Electrical Inspectorate (Class-I) Service Rules, 1992 (for brevity, ‘the 1992 Rules’) along with
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