CWP No.14576 of 2002 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 14576 of 2002 Date of Decision: 8 - 9 - 2010 Rajeshwar Bhardwaj ....Petitioner v. Bhakra Beas Management Board ....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Raman Sharma, Advocate for the petitioner. Mr.N.S.Bawa, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present writ petition has been filed by an employee, who was working as a Divisional Head Draftsman in Bhakra Beas Management Board (hereinafter to be referred as, `BBMB'), to say that the executive instructions dated 8.8.2002, Annexure P1, which run counter to Regulation 4(4) of the Bhakra Beas Management Board Class III & Class IV Employees (Recruitment & Conditions of Service) Regulations, 1994 (hereinafter to be referred as, `the Regulations'), be quashed. To appreciate the controversy raised in the present petition, it will be necessary to reproduce Regulation 4(4) of the Regulations which CWP No.14576 of 2002 [2] reads as under:- “4(4).A Committee shall be constituted by the Chairman to determine the mode for filling up the vacant posts by promotion. Such vacancies shall be filled up in the ratio of 33:67 between the Bhakra Beas Management Board regular employees and the employees of the partner State Governments/Electricity Boards working in the Bhakra Beas Management Board respectively. Only 67% of such total vacancies shall be notified to the partner State Governments/Electricity Boards according to their share quota and in the event of non availability of required number of personnel from the partner State Governments/Electricity Boards, resultant short fall in such vacancies shall also be filled up from amongst the Bhakra Beas Management Board regular employees.” From a perusal of Regulation 4(4) of the Regulations, it is apparent that if any promotion is to be made, that is to be made in the ratio of 33:67 from the regular employees of BBMB and the employees of the partner State Governments/Electricity Boards working in BBMB. So promotion has to be given to those employees of BBMB or of State Governments/Electricity Boards, who are working with the BBMB. Thereafter, the Regulation states that vacancies are to be notified to the partner State Governments/Electricity Boards in the ratio of 67%. In other words, to say that the employees working in BBMB brought on transfer from the Electricity Boards or partner State Governments had quota of 67%. So far as promotion is concerned, it is to be made from amongst the employees who at the relevant time are working in BBMB. Right of promotion has to accrue to those employees who are working in BBMB and for each category the ratio is 33% for the regular BBMB employees and 67% for respective Electricity Boards and partner State Governments. It is CWP No.14576 of 2002 [3] in that case where the employees of the partner State Governments or Electricity Boards are not available, then as an exception, promotion has to go to BBMB's regular employees. The last line of Regulation 4(4) which is an exception, cannot be taken as a mandate. Therefore, the Committee/Board in Annexure P1 has rightly observed as under:- “2. The Board in the aforesaid meeting authorised BBMB to promote the eligible allocated employees of Partner States/Power Utilities working in BBMB for filling up of 67% of 67% of promotional vacant posts according to their share quota strictly as per seniority with the following stipulation:- a) These promotions shall be purely on adhoc basis against their respective share quota. b) This shall only be a stop gap arrangement till the States/State Power Utilities provide the staff. c) The benefit of such adhoc promotion shall be available to the promoted employees only till such time they remain in BBMB. d) This will not confer on them any right of seniority in their parent department where they will continue to be governed by Rules and Regulations of their parent department. e) In case of various Power Utilities of Haryana, the adhoc promotion of the employees shall be according to the integrated seniority of the employees of a particular category for all the Power Utilities working in BBMB. 3. It was also decided by the Board that the list of retiring employees of Partner States/SEBs working against their share quota should also be circulated to them two months prior to their retirement to enable them to post suitable substitute. It is requested that a list of retiring employees of Partner States/SEBs may be sent to this office two months prior to their retirement alongwith your recommendations for filling up the post to enable this office for taking up the matter with CWP No.14576 of 2002 [4] concerned States/SEBs.” The Committee has to take care of the working of the Board. In the present case, instead of Committee, the Board has taken the decision. Therefore, the executive instructions are to be read as a whole with the aid of Regulation 4(4) of the Regulations and not in isolation. The dictionary meaning of word `provide' in Oxford Advance Learners Dictionary is `to make it available for use'. Therefore, the necessary inference is that those employees belonging to partner States, who are available, are to be promoted. Hence, there is no merit in the present writ petition and the same is hereby dismissed, with no order as to costs. ( KANWALJIT SINGH AHLUWALIA ) September 8, 2010. JUDGE RC