RSA No. 2524 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No. 2524 of 2011 (O&M) Date of Decision: 02.6.2011. Punjab State Electricity Board .......Appellant (New Punjab State Power Corporation Ltd.) Vs. Gian Singh ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. J.P.S.Sandhu, Advocate for the appellant. ..... SABINA, J. Plaintiff had filed a suit for declaration. The case of the plaintiff in brief was that he had joined the service of the defendant-board as a Work Charge Chowkidar- cum-Cook in the year 1964. Plaintiff joined on the post of Assistant Lineman on promotion on 12.5.1967. Plaintiff was promoted as Lineman vide order dated 9.2.1977 in his own pay scale and joined on the said post on 21.2.1977. Plaintiff was working as a Lineman since the year 1977 to the entire satisfaction of his superiors. Defendants had, however, not allotted seniority to the plaintiff as a Lineman w.e.f. 21.2.1977 and he had been deprived of further promotion as Junior Engineer. Junior employees namely Avtar Singh, Paramjit Singh, Fuman Singh and Tara Singh who had joined as Linemen after RSA No. 2524 of 2011 (O&M) -2- the plaintiff, had been promoted as Junior Engineers vide order dated 31.3.1999. Vide order dated 18.10.1999 Chand Singh, Onkar Nath and Sukhdev Singh, juniors to the plaintiff, had been promoted as Junior Engineers. Vide order dated 9.3.2000 Gurbax Singh and Gurbachan Singh, juniors to the plaintiff, had been promoted as Junior Engineers. Again vide order dated 19.10.2000, 18 persons juniors to the plaintiff, had been promoted as Junior Engineers. Vide orders dated 27.2.2001 and 9.10.2001, employees junior to the plaintiff upto seniority No. 4025, had been promoted as Junior Engineers. However, the plaintiff was not considered for promotion. Plaintiff was entitled for promotion w.e.f. 31.3.1999 i.e. the date his juniors were promoted. Plaintiff was also entitled for 23 years promotional increment w.e.f. 1.1.1996. Defendants, in their written statement, averred that the plaintiff did not fulfill the requisite qualifications as he had not qualified matriculation with Punjabi as a subject and had also not furnished the requisite undertaking to clear the examination within six months of his promotion. As per the service book and other record, plaintiff had been appointed as Assistant Lineman on 12.5.1967 and had joined on 13.5.1967. Plaintiff joined as Lineman on 21.2.1977. Plaintiff was found guilty qua non fatal accident that had occurred on 6.11.1968 and an entry was made in his service record in this regard. Plaintiff was not entitled to claim 23 years promotional increment as he did not fulfill the requisite qualifications. On the pleadings of the parties, following issues were RSA No. 2524 of 2011 (O&M) -3- framed by the trial Court:- “1. Whether the plaintiff is entitled to declaration as detailed in the head note of the plaint? OPP 2. Whether the plaintiff is entitled to promotion as Junior Engineer and Promotional increments, as detailed in the head note of the plaint? OPP 3. Whether the plaintiff is entitled to payment of interest accruing due to this account with 18% per annum, as detailed in the head note of the plaint? OPP 4. Whether the suit is not maintainable in the present form? OPD 5. Whether the plaintiff's suit is pre mature? OPD 6. Whether the plaintiff is estopped from filing the present suit due to his own act and conduct? OPD 7. Whether the plaintiff's suit is time barred? OPD 8. Whether the plaintiff's suit is liable to be dismissed for not being properly valued? OPD 9. Whether the plaintiff has no cause of action to file the present suit? OPD 10. Relief.” Civil Judge (Junior Division) vide judgment and decree dated 5.12.2007 partly decreed the suit of the plaintiff to the extent that he was entitled for 23 years promotional increment w.e.f. 1.1.1996 with consequential benefits and was entitled to be considered for the post of Junior Engineer w.e.f. 31.3.1999 and the defendants were directed to consider the case of the plaintiff within three months from the receipt of the copy of the judgment. RSA No. 2524 of 2011 (O&M) -4- Aggrieved by the said judgment and decree, defendant board preferred an appeal and the same was dismissed by the Additional District Judge (Fast Track Court) vide judgment and decree dated 17.2.2011. Hence, the present appeal by the defendant board. After hearing the learned counsel for the appellant, I am of the opinion that the instant appeal deserves dismissal. Admittedly, plaintiff had joined as an Assistant Lineman on 12.5.1967 and joined as Lineman on promotion on 21.2.1977. It has been noticed by the learned Additional District Judge in para No. 14 of its judgment that the defendant had fixed the seniority of the plaintiff during the pendency of the suit and plaintiff was promoted as Junior Engineer vide order dated 5.4.2005. Admittedly, as per the record, the persons who were junior to the plaintiff, were promoted as Junior Engineers since 18.10.1999 but the case of the plaintiff was never considered for promotion. The defendants failed to produce on record any letter/order whereby plaintiff was asked to furnish undertaking that he would clear matriculation examination qua Punjabi as a subject and had failed to furnish the same in terms of the said order/letter. Moreover, the plaintiff could have been conditionally promoted to the post of Junior Engineer by the board asking him to clear the matriculation examination qua Punjabi as a subject. The representations filed by the plaintiff were also not considered by the defendant board. In these circumstances, the courts below rightly held that the plaintiff was entitled to be considered for promotion w.e.f. 31.3.1999 when the junior Linemen to the plaintiff were promoted. Plaintiff was also entitled for 23 years RSA No. 2524 of 2011 (O&M) -5- promotional increment as he had not earned third regular promotion in his service within the requisite period. Both the courts below had, thus, rightly decreed the suit of the plaintiff. No substantial question of law arises in this appeal. Dismissed. (SABINA) JUDGE June 02, 2011 Gurpreet