JUDGMENT:

S.B. SINHA, J.

1.Leave granted.

2.This Appeal is directed against the judgment and Order dated 31.3.2006 passed by the High Court of Punjab and Haryana at Chandigarh in R.S.A. No. 4871/2003 dismissing an appeal arising from a judgment and order dated 24.4.2003 of the learned A.D.J., Patiala setting aside the judgment and order of the trial judge dated 7.2.2001.

3.The basic facts of the case are not in dispute. Appellant was appointed as a lineman on 8.8.1964. He was promoted to the post of Junior Engineer on 15.3.1974. He was not a diploma holder. Respondent Board which is constituted in terms of Section 15 of the The Electricity (Supply) Act, 1948 and incorporated under Section 12 thereof provided for scale of pay on the basis of the qualifications held by the incumbents. One Ravinder Kumar who was a non-diploma holder filed a suit questioning the purported discrimination in promotion of Lineman to Line Superintendent between diploma holder linemen vis.-`-vis. non diploma holder linemen.

4.The matter came up before this Court in Civil Appeal Nos. 3341 and 3342 of 1983, Punjab State Electricity Board, Patiala & Anr. etc. v Ravinder Kumar Sharma an