IMPORTANT POINT
Promotion to higher posts requires a selection process; mere existence of vacancies does not confer a right to promotion.

ORDER :

RAKESH MOHAN PANDEY, J.

1. The present writ petition has been preferred by the petitioners with the following prayer(s):-

“10.1 That, the Hon’ble Court may kindly be pleased to direct the respondents to immediately start the process of promotion for the 40% vacant posts of Assistant Engineers of the respondent Generation Company, considering the candidature of the petitioners.

10.2 That, this Hon'ble Court may kindly be pleaded to direct the respondent authorities to grant promotion to the petitioners on being successful through the process of promotion from the date they became eligible for promotion and posts fall vacant, with all consequential benefits.

10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may give given.

2. Learned counsel appearing for the petitioners submitted that the petitioners were appointed to the post of Junior Engineer (Generation Wing) by the respondent/CG State Power Holding Company Limited between the period from July, 2007 to September, 2007, thereafter, their services were regularized after completion of training and probation period. He further submitted that few of the petitioners belonged to the Other Backward Class whereas some of the petitioners belonged to the unreserved category. He also submitted that as per standing Circulars and Rules, the total available vacant posts of Assistant Engineer shall be filled 50% by direct recruitment, 40% by promotion of Junior Engineers and 10% by limited departmental examination for Junior Engineers, who possess requisite qualification. He further contended that though several posts of Assistant Engineers in the department were lying vacant, no steps were taken for the promotion of the petitioners to those posts. It is also contended that the criteria for promotion to the post of Assistant Engineer was 5 years of service on the post of Junior Engineer based on seniority-cum-merit. He further argued that in the year 2014, the total sanctioned posts of Assistant Engineer was 614 and 40% of that figure would come to around 246 posts to fill up the vacancies through departmental promotion. He also argued that though there were vacant posts for Assistant Engineers, the claim of the petitioners for promotion to the posts of Assistant Engineer was not considered by respondents No. 2 to 5/Electricity Department for the reasons best known to them. He further stated that the Department appointed an Assistant Engineer by direct recruitment, but at the same time, no steps were taken for the promotion of the petitioners. He also stated that some of the Junior Engineers were promoted in the year 2014 but the names of the petitioners were not considered for promotion. He submitted that the petitioners were promoted to the post of Assistant Engineer in the year 2018 whereas they were entitled to get promoted in the year 2014 itself, therefore, a direction may be issued to the respondent authorities to reckon their seniority from the year 2014 when the petitioners became eligible for promotion.

3. Per contra, the learned counsel appearing for respondents No. 2 to 5 submitted that in the year 2014, the total sanctioned posts of Assistant Engineers was 614. She further submitted that 40% of total sanctioned posts were reserved for departmental promotion, which comes to 246. She also submitted that for the unreserved category, sanctioned posts were 138 whereas working strength was 183 and, thus, 45 Junior Engineers were in excess. She contended that 16 Junior Engineers belonging to the SC/ST category were promoted, but there was no promotion for the unreserved category. She further contended that in the year 2015, Assistant Engineers belonging to the General category were in excess; therefore, no steps were taken for the promotion of the petitioners. It is also contended that in the year 2018, 59 Assistant Engineers were promoted to the posts of Executive Engineers and, the