IMPORTANT POINT
In service matters, classification on the basis of qualification is valid.

JUDGMENT

D.P. Wadhwa, J.-Assam State Electricity Board (for short the Board ) is aggrieved by the judgment dated April 21, 1988 of the Division Bench of the Gauhati High Court giving directions to the Board to take necessary steps to consider the cases of the petitioners (now the respondents) for promotion to the higher post. This would be done within a period of two months of the receipt of this order by them. Subsequently also, the petitioners (now the respondents) would be treated alike the Junior Engineers for further promotion. There are four respondents who were petitioners in the writ petition before the Gauhati High Court in which the aforesaid direction was issued.

2. The Board is constituted under the Electricity (Supply) Act, 1948 (for short the Act ). In the exercise of powers conferred upon it under Section 79(c) of the Act it has framed Regulation called "the Assam State Electricity Board Engineering Service Regulations, 1973 (for short the Regulation ).

3. The respondents are either matriculate or non-matriculate and are holding certificates and were appointed by the Board during the period from 1957 to 1963 to the Subordinate Engineer Grade-II. Prior to the Regulation, there existed a cadre of Subordinate Engineer Grade I which was composed of

(i) Direct Recruitment of not less than 85% of the Cadre I, who have passed the H.S.L.C. examination (now it is H.S.S.L.C. (10 + 2) and possess 3/4 years diploma in Electrical/Mechanical Civil Engineering from any engineering institute recognised by the Government; and.

(ii) Such promotees from the rank of Subordinate Engineer Grade II and other rank subject to 15% of the post of Subordinate Engineer Grade I.

4. A direct recruit to Subordinate Engineer Grade II must have passed the H.S.L.C. Examination and possessed a 2 year National Trade Certificate or equivalent from an institute recognised by the State Government. After the Regulation came into force candidates who were diploma holders in the Subordinate Engineer Grade I were designated as Junior Engineer. Under clause (viii) of Regulation 2 of the Regulation "Junior Engineer" means a Subordinate Engineer Grade I who is at least a Matriculate and who possesses a 3 or 4 years diploma in Civil/Mechanical/Electrical Engineering from a recognised Institute and who has been designated appointed as such. Under clause (xii) "Subordinate Engineer Grade-I" means Overseers Grade-I, computers, Draftsman, Grade-I, Foreman Grade-I (Electrical/Mechanical and Civil) and holders of such other posts as may be specified by the Board from time to time. The Regulation also prescribed promotional avenues for Junior Engineers who were earlier in Subordinate Engineer Grade-I and were diploma holders. The respondents who were not diploma holders were left out and they who were recruited in Subordinate Engineer Grade II would be promoted to Subordinate Engineer Grade I and then to Foreman. Junior Engineers could go up even to become Executive Engineers. During the course of arguments we were told that after 1968 no certificate holder has been appointed in the service of the Board and there has not also been any direct recruitment to Subordinate Engineer Grade II from May 3, 1971. By the impugned judgment the High Court has equated the certificate holders to diploma holders and directed that they be promoted alike the Junior Engineers to go up to the rank of executive engineer. This the High Court could not do in the face of the statutory rules the validity of which was never under challenge. As a matter of fact it was not the prayer of the respondents in the writ petition. What they sought was for cancelling, recalling or otherwise forbearing the Board to give effect to the Memos dated 19.1.73, 20.8.80, 27.3.82, 24.5.82, and 11.8.82.

5. In the first memo dated January 19, 1973 it was mentioned that the Board had decided to introduce a new cadre of posts with the designation of Junior Engine