Punjab-Haryana High Court
Suraj Narain Bihani vs Bbmb & Ors on 7 May, 2024
Neutral Citation No:=2024:PHHC:063371
CWP-13062-2005 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
108 CWP-13062-2005
Date of Decision : 07.05.2024
SURAJ NARAIN BIHANI ... PETITIONER
Versus
BBMB & ORS. ... RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present : Mr. Suram Singh Rana, Advocate and
Mr. Dipanshu Kapur, Advocate
for the petitioner.
Mr. Rajesh Garg, Senior Advocate with
Mr. Pranav Chadha, Advocate
for respondent No.1.
****
JAGMOHAN BANSAL, J. (Oral)
1. The petitioner through instant petition under Articles 226/227 of the
Constitution of India is seeking setting aside of order dated 08.12.2004
(Annexure P-6) whereby respondent has denied him benefit of Time Bound
Promotional Scale (for short 'TBPS') from the date of joining BBMB.
2. The petitioner joined Rajasthan Government as Junior Engineer on
07.10.1978. He was deputed to BBMB on State sharing quota. At the time of
deputation to BBMB, he was assigned designation of Assistant Engineer, though
he was not formally promoted to said post. It is apt to notice here that Assistant
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Engineer is a promotional post of Junior Engineer. The parent department
promoted him w.e.f. 12.03.1999.
3. The petitioner claims that he has worked with BBMB from 1983 as
Assistant Engineer, thus, he is entitled to benefit of TBPS as per Circular dated
24.05.1990 (Annexure P-3) issued by Punjab State Electricity Board and
adopted by BBMB. As per said circular, if an Assistant Engineer completes
service of 09 years without further promotion, he is entitled to higher scale of
Rs.3500/-. If he completes 16 years of service without further promotion, he is
entitled to next higher scale of Rs.4500-6300.
4. Mr. Suram Singh Rana, Advocate submits that the petitioner
worked with BBMB as Assistant Engineer from the date of his deputation. He
joined BBMB as Assistant Engineer, thus, he was entitled to benefits of TBPS in
terms of Circular dated 24.05.1990.
5. Per contra, Mr. Rajesh Garg, Senior Advocate submits that
aforesaid circular is applicable to a directly appointed regular Assistant Engineer
whereas petitioner at the time of his joining BBMB was Junior Engineer though
he was assigned designation of Assistant Engineer by his parent department. He
was actually promoted to said post w.e.f. 12.03.1999. The circular dated
24.05.1990 is applicable to directly appointed Assistant Engineer whereas the
petitioner was a promotee and originally he was appointed as Junior Engineer.
In support of his contention, he places reliance upon a judgment of Supreme
Court in Bhakra Beas Management Board vs Krishan Kumar Vij and anr.,
2010 (8) SCC 701.
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6. I have heard the arguments of learned counsel for the parties and
perused the record with their able assistance.
7. By order dated 26.10.2006, the present petition was adjourned sine
die to await decision of SLP No.14556 of 2005. The said SLP stands
adjudicated by Supreme Court in Krishan Kumar Vij's case (supra). The
petitioner is claiming that he is entitled to TBPS as contemplated by circular
dated 24.05.1990 because he joined BBMB as Assistant Engineer.
8. From the perusal of record, it is evident that the petitioner joined his
parent department on 17.10.1978. He was deputed to BBMB on State sharing
quota. He was assigned designation of Assistant Engineer by parent department,
however, he was actually promoted as Assistant Engineer w.e.f. 12.03.1999. In
the order dated 05.05.2003 whereby he was deputed to BBMB, it was clearly
mentioned that his promotion is meant for the purpose of his posting to BBMB
projects only. The communication dated 20.05.2002 of Superintending
Engineer, Irrigation Department, Rajasthan further clarifies that the petitioner
was promoted as Assistant Engineer vide office order dated 12.03.1999. The
parent department of the petitioner vide communication dated 11.06.2004
intimated respondents that benefit of promotion to petitioner is available from
the date of his joining on the promotional post.
9. The benefit of TBPS as per circular dated 24.05.1990 is available to
directly appointed regular Assistant Engineers whereas petitioner was neither
directly appointed nor regular Assistant Engineer. He was promotee and joined
BBMB as temporary Assistant Engineer.
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10. The Supreme Court in Krishan Kumar Vij's case (supra) has
candidly held that benefit of circular dated 24.05.1990 is available to directly
appointed Assistant Engineer and it is not available to promotee. The Court has
further observed that writ petition was liable to be dismissed on the ground of
delay and laches.
11. The petitioner was concededly appointed as Junior Engineer and
thereafter, he was promoted as Assistant Engineer. He did not work from 1983
to 1999 as regular Assistant Engineer. His regular appointment as Assistant
Engineer came into effect from the date of his actual promotion by parent
department. The case of the petitioner is squarely covered by aforesaid judgment
of Supreme Court in Krishan Kumar Vij's case (supra).
12. In the wake of above discussion and findings, the present petition
deserves to be dismissed and accordingly dismissed.
(JAGMOHAN BANSAL)
JUDGE
07.05.2024
anju
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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