Bhakra Beas Management Board vs Krishan Kumar Vij & Anr

initially joined the services of the State of Punjab, Department of Irrigation as Tracer in 1949. He was thereafter promoted as a Draftsman in the year 1950. He was further promoted as Divisional Head Draftsman, some time in the year 1962. Thereafter, he was transferred in the services of the Board. There also, he earned promotion as Circle Head Draftsman and then as the Assistant Design Engineer. Regular promotion to respondent No.1 on the post of Asstt. Design Engineer in Punjab Service of Engineers (II) was granted with retrospective effect from 1.6.1976. Finally, on attaining the age of superannuation, he retired from service on 31.1.1987. Even though, respondent no.1 had earned several promotions, while in service, he still complained of stagnation in service as he was not able to earn further promotion. This was the cause for triggering off the instant litigation.

4. State of Punjab was of the opinion that there existed stagnation amongst various cadres of regular employees. Pursuant thereto, an Office Order was issued by the Punjab State Electricity Board (for short 'PSEB') on 23.4.1990, adopted by the Board vide C.A.Nos.3439/07 etc. .... (contd.)

6. Pursuant to the said order, another order was issued by P.S.E.B. on 24.5.1990 (hereinafter for brevity shall be referred to as 'Order of 1990') specifying the promotional scales for Assistant Engineers and the conditions precedent for eligibility thereof, adopted by the Board.

representation in the light of relevant law, rules and instructions by passing a speaking order. In the aforesaid Writ Petition, no notice was issued to the appellant-Board. In consequence of the directions passed by the High Court as mentioned hereinabove, respondent No.1's representation was considered at length by the Board but was decided against him on 22.8.2003 which was again challenged by respondent No.1 before the Division Bench of the High Court of Punjab and Haryana. The High Court vide the impugned judgment and order passed on 6.12.2004 allowed respondent No.1's Writ Petition whereby and whereunder the order dated 22.8.2003, passed by the Board was set aside with further direction to grant to the said respondent the next higher pay scale after completion of 16 years of service. It is this order which is being assailed by the Board before us.

20. However, this issue should not detain us any longer in view of well considered judgment of a three-

promotional scales after 9/16 years' service are admissible only in respect of the posts in which the initial induction is through direct recruitment.

the Order of 1990 and the Regulations applicable to such employees.

35. The aforesaid observations make it abundantly clear that the courts will, therefore, reject the construction which is likely to defeat the plain intention of the legislature even though there may be some inexactitude in the language used. If the choice is between two interpretations, the narrower of which would fail to achieve the manifest purpose of the legislation should be avoided.

At the cost of repetition, we reiterate that the clear and plain reading of the Order of 1990 is as has been interpreted by us hereinabove.

serves the cause and purpose irrespective of the consequences.

retired, it will be harsh on our part to direct recovery thereof. Thus, we direct that the amounts already paid to the respondents would not be recovered by the Board.

42. In the facts and circumstances of the case, we are of the considered opinion that the impugned order cannot be sustained. It has to be set aside and quashed and we accordingly do so. The appeals are accordingly allowed as indicated hereinabove. The parties to bear their costs.