CWP No. 539 of 2009. ::-1-:: IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 539 of 2009. [O&M] Date of Decision: 27th September, 2010. Gurmit Kaur & Ors. Petitioners through Mr. Manu K.Bhandari, Advocate Versus Punjab State Electricity Board & Anr. Respondents through Mr. B.S.Sudan, Advocate for Dr. P.K.Sekhon, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] This order shall dispose of CWP Nos. 539 and 10556 of 2009 as common questions of law and facts are involved in these cases. For the sake of brevity, the facts are being taken from CWP No. 539 of 2009. [2]. The petitioners seek quashing of the instructions dated 20.09.1994 [Annexure P-2] on the plea that these instructions run contrary to the provisions of the statutory Service Regulations governing promotions to the posts of Junior Scale Stenographers. [3]. Shorn of the details, suffice it to mention that the respondent Board, in exercise of its powers under Section 79[c] of the Electricity [Supply] Act, 1948 has framed the Punjab State Electricity Board Service of Stenographers Class III Regulations, 1988, Regulation 8 whereof reads as follows:- “Appointment to the Service:- 8. Appointment to the service shall be made in following CWP No. 539 of 2009. ::-2-:: manners:- [i] By direct appointment as provided in Regulation 8-A. [ii] By promotion as provided in Regulation 8-A. [iii] By transfer of an official already in service of any other State Electricity Board or Govt. or any other Undertaking of the Government, if a suitable candidate is not available by the aforementioned two methods”. [4]. Similarly, there is a note appended to Regulation 8A which is also relevant and is reproduced below:- “[i] In the case of recruitment to all the posts in the service by direct recruitment, the candidates must have passed Punjabi up to matric or its equivalent standard. [ii] All appointments to the service by promotion shall be made on the basis of seniority cum merit and no person shall have any right of promotion on the basis of seniority alone”. [5]. Clause 2[a] of the Appendix attached to the Regulations prescribes the following method and qualifications for appointment to the post of Junior Scale Stenographers:- 2[a] Jr. Scale Stenographer [English/Punjabi [i] By promotion from amongst Steno Typists [i] Matric 2nd Division or 10+2 [ii] After qualifying prescribed test of Jr. Scale Stenographers at a minimum speed of 100 WPM in short hand in English/ Punjabi [as the case may be] and 20 WPM in transcribing the same. He shall also have to qualify Stenography test in 2nd language at a minimum speed of 50 WPM in Punjabi/ English [as the case may be] and 10 WPM in transcribing the same. Two years service as Steno Typist Grade I [i] in the event of non- availability of suitable candidates for promotion, the vacancies shall be filled up by direct recruitment/appointme nt. [ii] Candidates who are 1st Division matriculate or possess higher qualifications shall be preferred [6]. In order to regulate the afore-stated promotions including to the post of Junior Scale Stenographer, Grade I, the Board has CWP No. 539 of 2009. ::-3-:: issued the impugned instructions dated 20.09.1994, the relevant part of which reads as follows:- “It is informed that on 10.2.94 the Management of the Board held a meeting with PSEB Stenographer Union and in that meeting minutes of Additional Demand NO. 12/1 [Regarding holding of Stenographer test every year], the Secretary/Establishment Estb./Part-I PSEB, Patiala vide letter No. 7960/E.N.G./E-7/Part-14 dated 5.8.94 it has been decided that the Stenographer test would be held only on this condition if those employees who had passed the stenographer test earlier/would do and their promotion to the next higher post would be according to the seniority determined and the employees who have passed the test later on may be senior in the seniority list of Steno Typist. But on this basis they would not have any right to claim seniority over the persons who have already passed the test”. [Emphasis applied]. [7]. The solitary grievance of the petitioners is that the later part of the above reproduced paragraph of the instructions which provides that if the senior person passes the test later on, his seniority shall also be pushed down. According to the petitioners, these instructions run contrary to the mandate of 'seniority-cum-merit' contained in the Statutory Service Rules. [8]. The respondents have filed reply/affidavit maintaining that the instructions have been issued to regulate the promotions on the basis of 'seniority-cum-merit' only. [9]. I have heard learned counsel for the parties at some length and perused the records. In my considered view, there is no inconsistency between the Service Regulations and the impugned instructions. I say so for the reason that if more than one employee CWP No. 539 of 2009. ::-4-:: scores the minimum bench-mark and qualify for promotion to the post of Junior Scale Stenographer, their inter-se seniority as in the feeder cadre shall remain intact irrespective of their merit position. It is only if the senior employee does not qualify and can not be promoted along with his juniors but if he qualifies in the subsequent years that his seniority shall be reckoned from the year in which he actually qualifies the minimum bench-mark. On subsequent passing of the promotional test, the employee senior in feeder cadre can not claim that his original seniority be restored as such a claim, if allowed, would amount to giving premium on in-efficiency. [10]. No ground to interfere with the impugned instructions [Annexure P-2] is made out. [11]. Dismissed. September 27, 2010. ( SURYA KANT ) dinesh JUDGE