IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 16371 of 2009 DATE OF DECISION : 27.10.2009 Rajinder Singh and others .... PETITIONERS Versus Haryana Vidyut Prasaran Nigam Limited, Panchkula and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Vinod S. Bhardwaj, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. The petitioners are working in the respondent Nigam as Class IV employees. All the petitioners are Matric/under-graduates. They have filed the instant petition under Article 226 of the Constitution of India for issuing direction to the respondents not to fill up the 5% vacancies of the cadre of Lower Division Clerk, in terms of the circular dated 9.10.2009 (Annexure P-5), issued by the respondent Nigam. The case of the petitioners is that the respondent Nigam be directed to promote the Class IV employees to the post of LDC, in accordance with the circular dated 2.3.2009 (Annexure P3). The circular dated 2.3.2009 provides that 75% posts of LDC will be filled up by direct recruitment out of the persons possessing CWP No. 16371 of 2009 -2- qualification of 10+2/10+2 (Vocational) with at least 50% marks or equivalent or graduate from any Board/University recognized by the Government of Haryana with working knowledge of Computer on the prescribed topics and who pass the type test in Hindi or in English at a particular speed. This circular further provides that the remaining 25% posts shall be filled up by promotion on seniority-cum-fitness basis from amongst Class IV employees having the qualification of Matric for those who have joined the services prior to 27.8.2002, and 10+2/10+2 (Vocational) for those who have joined the services of the Nigam after 27.8.2002, with working knowledge of Computer, and have completed 5 years service. Subsequently, vide circular dated 9.10.2009, the aforesaid Policy was modified and it has been provided that out of the 25% posts of LDC, 20% posts will be filled up by promotion from amongst the Class IV employees who are Matric (those who have joined the Nigam's services prior to 27.8.2002) and 10+2/10+2 (Vocational) (those who have joined the Nigam's services after 27.8.2002), having the knowledge of Computer, and completed 5 years service. It has been further provided that 5% posts of LDC will be filled up by promotion from amongst the Class IV employees, who are graduate and passed computer proficiency test to be conducted by Xen/ITMS as per syllabus prescribed. This circular further provides that if the suitable Class IV employees for this share of quota are not available for promotion or remains short for one year, their share quota may be diverted to direct recruitment quota, which will be restored on the availability of the CWP No. 16371 of 2009 -3- graduate Class IV employees. Aggrieved against the circular dated 9.10.2009, the petitioenrs have filed the instant petition. It is the case of the petitioners that 25% posts of the cadre of LDC should be filled up by promotion from amongst the Class IV employees having the qualification of Matric or 10+2/10+2 (Vocational) as per circular dated 2.3.2009 and creating a separate cadre for making promotion of 5% posts from amongst Class IV employees, who are graduates, vide circular dated 9.10.2009, is illegal and arbitrary, as well as discriminatory. After hearing counsel for the petitioner, I do not find any illegality in the circular dated 9.10.2009, issued by the respondent Nigam. It is the policy decision of the respondent Nigam to make recruitment from a particular source. Earlier to the circular dated 2.3.2009, 80% posts of the cadre of LDC were to be filled up by direct recruitment and 20% posts by promotion from amongst Class IV employees. Subsequently, vide both the circulars i.e. dated 2.3.2009 and 9.10.2009, the quota of direct recruitment has been reduced from 80% to 75%. In the circular dated 2.3.2009, it was provided that 25% posts shall be filled up by promotion from amongst Class IV employees, but vide circular dated 9.10.2009, it has been decided that 20% posts will be filled up by promotion from amongst under-graduate Class IV employees and 5% posts are to be filled up by promotion from amongst graduate Class IV employees. The respondent Nigam has taken the CWP No. 16371 of 2009 -4- policy decision that 5% posts of LDC, which have been taken from the direct recruitment quota, should be filled up by promotion from amongst the graduate Class IV employees and if the suitable candidates are not available, then the said quota will be diverted to direct recruitment quota, which will be restored on the availability of the graduate Class-IV employees. In my opinion, by taking the aforesaid policy decision, no vested right of the petitioners has been violated. As far as the petitioners are concerned, 20% quota of the cadre of LDC is available for promotion to Class IV employees, who are under-graduates. Only 5% posts, which have been taken from 80% quota of direct recruitment, are to be filled up by promotion from amongst the graduate Class IV employees and in case, no such employee is available, this quota will be temporarily reverted to direct recruitment. The argument of learned counsel for the petitioners that while issuing the Office Order/circular dated 9.10.2009, the earlier Office Order/circular dated 2.3.2009 was not specifically superseded, therefore, the respondents are bound to make recruitment in accordance with the earlier circular, cannot be accepted. A perusal of the circular dated 9.10.2009 reveals that it has been issued by the respondents in exercise of power conferred by Section 56 (3) (vi) of the Haryana Electricity Reforms Act, 1997 read with Electricity Act, 2003, in order to make the amendment/substitution in the existing recruitment and promotion policy in respect of the Ministerial Staff. Since this circular was issued in exercise of the statutory power, therefore, it has to be given effect and the previous circular is deemed to be modified or CWP No. 16371 of 2009 -5- substituted. After coming into force of this circular, the recruitment is to be made on the basis of this circular, but not on the basis of the previous circular. Thus, I do not find any ground to issue direction to the respondent Nigam to fill up 25% posts of the cadre of LDC from amongst Class IV employees, who are under-graduates, in terms of the circular dated 2.3.2009. No merit. Dismissed. October 27, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE