IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 5953 of 2009 DATE OF DECISION : 22.04.2009 Er. Darshan Singh Bhullar .... PETITIONER Versus The Punjab State Electricity Board ..... RESPONDENT CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Manu K. Bhandari, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. The petitioner has filed the instant petition under Article 226 of the Constitution of India for quashing the order dated 24.6.2008 (Annexure P-9), passed by the respondent, whereby the prayer of the petitioner for counting the service rendered by him as Trainee Engineer from 1982 to 1985 in the Shipping Corporation of India (hereinafter referred to as `the Corporation'), for the purposes of qualifying service for the next promotional post, has been rejected. Initially, the petitioner worked as a Trainee Engineer in the Corporation from 1982 to 1985. Thereafter, he applied through proper channel for direct appointment as Trainee Engineer in the Punjab State Electricity Board (hereinafter referred to as `the respondent Board'). Vide CWP No. 5953 of 2009 -2- appointment letter dated 27.2.1986 (Annexure P-4), the petitioner was selected and appointed as Trainee Engineer in the respondent Board. Though in the petition it has not been disclosed, but during the course of arguments, learned counsel for the petitioner admitted that from the post of Trainee Engineer, the petitioner was promoted as Assistant Engineer, and from the said post, he was further promoted as Executive Engineer. At present, he is working as Executive Engineer. It has not been disclosed even during the course of arguments as to when the petitioner was promoted as Assistant Engineer and then to the post of Executive Engineer. In the present petition, claim of the petitioner, which has been rejected vide the impugned order, is that the service rendered by him as Trainee Engineer in the Corporation from 1982 to 1985 was to be counted towards the qualifying service, while computing the eligibility condition for promotion to the next higher post i.e. Assistant Engineer. In the petition, it has not been disclosed as to what was the qualifying service, which was required for promotion to the higher post, but it has been stated that while calculating the experience period required for promotion to the post of Assistant Engineer, one Jaspal Singh was given the benefit of the post service rendered by him in PWD (B&R) Haryana, as per Regulation 9 (4) of PSEB Service of Engineer (Civil) Regulation 1965. After hearing counsel for the petitioner and going through the impugned order, I do not find any merit in the contention of learned counsel for the petitioner. The petitioner has already been promoted as Assistant CWP No. 5953 of 2009 -3- Engineer long back, though the exact date of promotion has not been disclosed. The petitioner was recruited directly in the respondent Board from the open market as Trainee Engineer. At the time of his first promotion to the post of Assistant Engineer, he could have sought relaxation in experience in view of his past experience as Trainee Officer in the Corporation, but since he has already been promoted, therefore, now at this stage, he cannot claim for counting of the said period, particularly when he has been further promoted to the post of Executive Engineer. Actually, the petitioner wanted to count the said service period in the Corporation towards his seniority in the respondent Board. Admittedly, this benefit cannot be granted to the petitioner, as he was directly appointed as Trainee Engineer from open market. The service rendered on a post in a different organisation cannot be counted for the purpose of seniority on the subsequent post where the appointment was made by direct recruitment under a different employer. Thus, the claim of the petitioner has been rightly rejected by the respondent Board. No merit. Dismissed. April 22, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE