Case Note & Summary
The appeals arose from a common order of the Punjab and Haryana High Court dated 09.04.2014, which allowed intra-court appeals by the Punjab State Electricity Board (PSEB) and set aside the order of a learned Single Judge. The Single Judge had allowed writ petitions filed by the appellants, who were Assistant Engineers promoted from Junior Engineers, seeking the 9/16 years' time bound promotional scale. The appellants claimed parity with two direct recruit Assistant Engineers, Kirpal Singh Mangat and Raj Kumar Garg, who were junior to them but had been granted the time bound scale from the date of their direct recruitment. The appellants argued that their service as Junior Engineers should be counted for the time bound scale, as they had been promoted to Assistant Engineer. The PSEB contended that under the circulars dated 23.04.1990 and 24.05.1990, the time bound promotional scale is counted from the date of direct recruitment in the concerned cadre. For employees directly appointed to a higher post through open selection, service is counted from the date of joining that post. The appellants, being promotees, were not direct recruits and thus could not claim the benefit from an earlier date. The Supreme Court examined the relevant regulations and circulars. It noted that Regulation 7 of the Punjab State Electricity Board Service of Engineers (Civil) Regulations, 1965 provides three modes of recruitment: direct appointment (Regulation 9), promotion (Regulation 10), and transfer. The time bound promotional scheme, as per the circulars, clearly states that for the purpose of grant of time bound scale, counting of service commences from the date of direct recruitment. The Court held that the appellants, having been promoted under Regulation 10, are not entitled to count their prior service as Junior Engineers. The direct recruits, who were appointed through open selection, had their service counted from the date of such appointment. The Court found no discrimination or violation of Article 14, as the two categories are distinct. The appeals were dismissed, and the High Court's order was upheld.
Headnote
A) Service Law - Time Bound Promotional Scale - Counting of Service - The benefit of time bound promotional scale is available to an employee on completion of 9 and 16 years of regular service on a post, counted from the date of direct recruitment in the concerned cadre. For employees directly appointed to a higher post through open selection, counting of service commences from the date of joining that post by direct recruitment. (Paras 7-8) B) Service Law - Promotion vs Direct Recruitment - Parity in Benefits - Promotees and direct recruits are treated differently for the purpose of time bound promotional scales. Promotees, who are appointed under Regulation 10, are not entitled to count their prior service as Junior Engineer for the 9/16 years' scale, as the scheme specifically provides that counting starts from the date of direct recruitment. (Paras 7-8, 10) C) Interpretation of Regulations - Punjab State Electricity Board Service of Engineers (Civil) Regulations, 1965 - Regulations 7, 9, 10 - The Regulations provide distinct modes of recruitment: direct appointment (Regulation 9) and promotion (Regulation 10). The time bound promotional scheme applies uniformly, and the circulars clarify that for direct recruits, service is counted from the date of direct recruitment. Promotees cannot claim the same benefit as direct recruits. (Paras 3-4, 7-8)
Issue of Consideration
Whether the appellants, who were promoted as Assistant Engineers under Regulation 10 of the Punjab State Electricity Board Service of Engineers (Civil) Regulations, 1965, are entitled to the 9/16 years' time bound promotional scale from the date of their initial appointment as Junior Engineers, or from the date of their promotion as Assistant Engineers.
Final Decision
The Supreme Court dismissed the appeals, upholding the order of the Division Bench of the Punjab and Haryana High Court. The Court held that the appellants, who were promoted as Assistant Engineers under Regulation 10, are not entitled to the 9/16 years' time bound promotional scale from the date of their initial appointment as Junior Engineers. The counting of service for such scale commences from the date of direct recruitment, as per the circulars dated 23.04.1990 and 24.05.1990.
Law Points
- Time bound promotional scale
- Direct recruitment
- Promotion
- Counting of service
- Regular service
- Punjab State Electricity Board Service of Engineers (Civil) Regulations
- 1965
