R.S.A.No. 1290 of 2010 In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 1290 of 2010 Date of decision: 2.2.2011 Bhupinder Kumar ......Appellant Versus Punjab State Electricity Board and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.K.Arora, Advocate, for the appellant. **** SABINA, J. Plaintiff had filed a suit for declaration that he was entitled to be promoted as Assistant Engineer on the date his juniors were promoted. The case of the plaintiff, in brief, was that he had joined the services with the defendant Board as a regular Test Inspector on 19.4.1979. Thereafter, the plaintiff was promoted as Additional Assistant Engineer (Testing) on 6.1.1998. The date of appointment of Surinder Kumar-defendant No.5 in the Board as Test Inspector on R.S.A.No. 1290 of 2010 regular basis was 4.8.1980 but he was promoted as Additional Assistant Engineer (Testing) in the year 1996. Defendant No.5 was much junior to the plaintiff but had been promoted prior to the plaintiff. Hence, the present suit. Defendants, in their written statement, admitted that the plaintiff had joined the Board as Test Mechanic and was promoted as Test Inspector on 19.4.1979. The plaintiff was promoted as Additional Assistant Engineer (Testing) from the post of Junior Engineer II (Testing) on 6.1.1998. Defendant No.5 had joined as a Test Inspector on 1.6.1977 and was regularised on 4.8.1980. For promotion to the post of Additional Assistant Engineer (Testing) from the post of Junior Engineer II (Testing), there was a condition of five years experience for diploma holders and ten years experience for non-diploma holders. Promotion was also to be made after the employee had cleared the Departmental Accounts Examination for Technical Subordinate Engineers. Plaintiff was a non diploma holder and consequently, he was to become eligible for promotion after ten years of service i.e. on 19.4.1989. Plaintiff, however, cleared the departmental accounts examination on 15.11.1994 and therefore, he was allowed deemed promotion w.e.f.15.11.1994. Surinder Kumar, on the other hand, was a diploma holder and was directly selected as Junior Engineer (Testing) and he became eligible for Junior Engineer I after rendering five years of service as Junior Engineer (Testing). Defendant No.5 had cleared his departmental Accounts Examination R.S.A.No. 1290 of 2010 in the year 1995. Thus, at the time of promotion of defendant No.5, plaintiff was not eligible for promotion. On the pleadings of the parties, following issues were framed by the trial Court:- “1. Whether the plaintiff is entitled to declaration, as prayed for? OPP. 2. Whether the plaintiff is entitled to mandatory injunction as prayed for? OPP 3. Relief.” The trial Court dismissed the suit of the plaintiff vide judgment and decree dated 5.9.2005. Aggrieved by the same, plaintiff preferred an appeal and the same was also dismissed vide judgment and decree dated 26.10.2009 passed by District Judge, Faridkot. Hence, the present appeal by the plaintiff. After hearing learned counsel for the appellant, I am of the opinion that the present appeal is devoid of any merit and deserves dismissal. The plaintiff by way of the present suit had claimed promotion w.e.f. the date, defendant No.5 was promoted to the post of Additional Assistant Engineer (Testing), i.e. 4.12.2001. However, plaintiff was not eligible at that time. As per the Rules, the plaintiff, who was a non-diploma holder, could only be promoted after he had rendered ten years of service as Junior Engineer (Testing) and was also liable to clear the Departmental Accounts Examination. As and R.S.A.No. 1290 of 2010 when the plaintiff became eligible, he was promoted to the post of Additional Assistant Engineer (Testing). Thus, the Courts below had rightly dismissed the suit of the plaintiff. No substantial question of law arises in this regular second appeal, which would warrant interference by this Court. Accordingly, the same is dismissed. (SABINA) JUDGE February 02, 2011 anita