M.P. State Electricity Board vs B.B. Pandey

They are heard. This writ appeal has been filed against the order dated 11/2/2010 passed by the Writ Court in WP 5875/06(s).

The Department introduced a time bound promotion scheme to the engineers. Copy of the scheme was filed as Annexure R/1 before the Writ Court. In accordance with the aforesaid scheme, in view of delay in promotion of junior engineer to the post of assistant engineer the Board has taken a decision that the engineers who had completed 15 years of service including training period shall be promoted to the post of assistant engineer, subject to fulfilment of the criteria for promotion. Juniors to the respondent were promoted to the post of assistant engineers under the aforesaid scheme. However, the respondent was not considered for time bound promotion on the ground that punishment was awarded against him and during the period of currency of punishment, he was not eligible for promotion. The respondent was also not considered for promotion after the end of period of currency of punishment.

Ground taken by the appellants Board before the Writ Court for non-promotion of the respondent was that when the period of currency of punishment of the respondent was over, no junior to the respondent was promoted, hence, the respondent was not eligible to be considered for promotion. Aforesaid contention was negatived by the Writ Court.

In our opinion, the Writ Court has rightly negatived the contention of the appellants Board because under the time bound promotion scheme, the respondent had a right of consideration for promotion after completion of fifteen years of service. Initially, he could not be considered for promotion because currency of punishment was in vogue, however, he became eligible for consideration after the period of currency of punishment was over.

In this view of the matter, in our opinion, there is not merit in this writ appeal. It is hereby dismissed. No order as to costs.