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Rajasthan High Court
I. N. MODI,B. P. BERI
Mohan Lal - Appellant
Versus
State - Respondent
Civil Misc. Writ Petn. No. 489 of 1963
Decided On : 05/14/1965
ELECTRICITY BOARD - PROMOTION - SENIORITY - ARTICLE 14 AND 16 OF THE CONSTITUTION - APPLICABILITY - RAJASTHAN STATE ELECTRICITY BOARD ACT, 1954 - SECTIONS 12, 15 TO 27, 28 TO 58, 60, 74, 77, 79 - INTERPRETATION.
Fact of the Case:
The petitioner, an employee of the erstwhile State of Jodhpur's Electrical and Mechanical Department, was transferred to the Rajasthan State Electricity Board (RSEB) in 1957. In 1960, he was deputed to the Public Works Department (PWD) as an Assistant Engineer for one year, with the condition that he would retain his lien in the Power Department. In 1962, he was reverted to the RSEB, but his promotion to the post of Assistant Engineer was overlooked, while several of his juniors were promoted. The petitioner challenged this, arguing that his seniority and qualifications were ignored, violating Articles 14 and 16 of the Constitution.
Finding of the Court:
The court held that the petitioner's services were still at the disposal of the RSEB despite his deputation to the PWD, as he had not been given an option to choose between the two departments as per the relevant notification. Therefore, he was entitled to be considered for promotion along with his colleagues in the erstwhile Electrical and Mechanical Department. The court further held that the RSEB was a 'State' within the meaning of Article 12 of the Constitution, as it was a public authority created by statute with powers to make rules and regulations having the force of law. Thus, the petitioner's case fell within the ambit of Article 16, which prohibits discrimination in matters of public employment.
Issues: 1. Whether the petitioner's services were still at the disposal of the RSEB despite his deputation to the PWD. 2. Whether the RSEB was a 'State' within the meaning of Article 12 of the Constitution. 3. Whether the petitioner's promotion was overlooked in violation of Articles 14 and 16 of the Constitution.
Ratio Decidendi: 1. The court interpreted the relevant notification to conclude that the petitioner's services were still at the disposal of the RSEB, as he had not been given an option to choose between the two departments. 2. The court interpreted Article 12 of the Constitution to hold that the RSEB was a 'State' as it was a public authority created by statute with powers to make rules and regulations having the force of law. 3. The court held that the petitioner's promotion was overlooked in violation of Articles 14 and 16 of the Constitution, as he was entitled to be considered for promotion along with his colleagues in the erstwhile Electrical and Mechanical Department.
Final Decision: The court allowed the petition, quashed the orders promoting the petitioner's juniors, and directed the RSEB to consider the petitioner for promotion to the post of Assistant Engineer, assigning him due seniority.
MODI, J.:- This is a writ petition under Articles 226 and 227 of the Constitution. The petitioner before us is one Mohanlal. He originally belonged to Electrical and Mechanical Department of the erstwhile State of Jodhpur, and at the time of its integration in the United State of Rajasthan in 1949 he substantively held the post of a Mains Foreman in the grade of Rs. 150-10-200-EB-12½-300 plus a Car Allowance of Rs. 50, - per mensem and remained to occupy the same post in the Electrical and Mechanical department of the new State. The petitioner continued to hold the said post until the Rajasthan State Electricity Board was constituted under the Electricity (Supply) Act of 1948 (Act No. 54 of 1948). Acting under Section 78A of the Act of 1948, a notification No. 13/OSD (Elec-Bd.)/57 dated the 12th February, 1958, was issued by the Governor by which the services of the Government employees of the Electrical and Mechanical Department excluding the Electrical Inspectorate were provisionally placed at the disposal of the Rajasthan Electricity Board with effect from the 1st July, 1957. By paragraph 2 of this notification the Board was required to permit each such Government employee to exercise option either to,
(a) accept the new grades and service conditions framed by the Board under its regulations.
(b) continue in the present grades and services conditions except in regard to conduct and discipline rules, or
(c) obtain relief from Government service by claiming pension or gratuity as may be admissible on abolition of posts under the Rajasthan Service Rules (Rules 215 to 226).
Certain other provisions were also made by this notification regarding the grant of pension and leave etc. after the transfer of such personnel to the Board but with these we are not concerned. It is admitted that the services of the petitioner were thus placed at the disposal of the Board some time in 1957. Thereafter by an order dated the 27th January, 1960 (Ex. 1) the petitioner was deputed as Assistant Engineer, Electrical in the Public Works Department (Buildings and Roads) with immediate effect in the scale of 250-25-500-EB-25-750 for one year in the first instance. It was provided in this order that he would retain his lien in the Power Department. Then by an order dated the 24th November, 1962 (Ex. 3) it was ordered that the petitioner be reverted to his parent Department with effect from the 1st of December, 1962. It seems, however, that this reversion did not actually materialise with effect from the 1st December, 1962, but the period of his deputation to the Public Works Department was extended upto the 25th July, 1963 (Ex. 4). Them by an office order dated the 11th July, 1963 (Ex. 5) issued by the Rajasthan State Electricity Board the following order was passed :
"OFFICE ORDER
On reversion from, the Public Works Department Shri Mohan Lal, Foreman I, is hereby posted as Foreman I, Chainbal Grid Sub Station, Udaipur (Debari), against newly sanctioned post vide Rajasthan State Electricity Board's order No. RSEB/Cell. 3/F. 1 (60) D. 2969, dated 11th June, 1963 from the date he reports duty.
Shri Mohan Lal, will report duty to Executive Engineer (Local Distribution), Rajasthan State Electricity Public Works Department,
SD/- K.C. Satsangi.
Chief Engineer-Technical Member."
This is how the petitioner came back to the State Electricity Board. The petitioner's grievance, however, is that during the period he was on deputation to the Public Works Department there were a number of persons who were junior to him in the pre-existing Electrical and Mechanical Department and like him who were serving in the Electricity Board, and these persons who are respondents Nos. 4 to 14 before us had been promoted as officiating Assistant Engineers or as temporary Assistant Engineers on trial for one year in the first instance, and ail these persons were subsequently confirmed as Assistant Enginee
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