The judgment emphasizes the requirement of prior approval of the Central Government for amending Regulations, highlighting the importance of adhering to the statutory procedures for delegated legislation.

Sanjay Karol, J.

The sole issue, which arises for consideration in the present petition, is as to whether in the absence of any prior approval of the Central Government, as envisaged under sub-section (9) of Section 79 of the Punjab Re-organization Act, 1966 (hereinafter referred to as the Act), by way of Subordinate Legislation, can the Chairman of the Bhakra Beas Management Board (hereinafter referred to as the Board), be said to have been authorized, thus, entitling him to carry out amendment to the Bhakra Beas Management Board Class-III and Class-IV Employees (Recruitment & Conditions of Service) Regulations, 1994 (hereinafter referred to as ‘Regulations’).

2. At this point in time, we may observe that the Writ Petitioner, while reserving liberty qua Reliefs No.(ii), (iii) & (iv), to be agitated in appropriate proceedings, in accordance with law, desired the Court to adjudicate the following relief in the present petition:

“(i) That the respondents may kindly be directed to hold DPC for the existing three posts of Sub Fire Officers which have already fallen vacant, as per ‘existing provisions’ reflected in Annexure P- 10, and consider the petitioner for promotion to the aforesaid posts from due date, with all consequential benefits”.

3. Certain facts are not in dispute. On 9.1.1992, petitioner Kashmir Chand was selected and appointed as a Fireman in the respondent-Board. On the issue of promotion to the next higher post, i.e. Leading Fireman, the Writ Petitioner had to agitate his rights, which stood crystallized by this Court, with the rendering of judgment dated 26.5.2014, in CWP No. 4709 of 2010, titled as Kashmir Chand versus Bhakra Beas Management Board and others. Significantly, the Board accepted the findings returned therein, but however, some of the aggrieved private parties, preferred an appeal, being LPA No.137 of 2014, titled as Tek Chand & others v. B.B.M.B & others, in which interim directions were passed to implement the directions contained in the judgment, subject to the outcome of the appeal. Consequently, vide Office Order dated 21.7.2014, the Writ Petitioner was promoted as a Leading Fireman, on regular basis, w.e.f. 9.2.2012.

4. The next promotional post from Leading Fireman is that of a Sub Fire Officer, for which post, the regulations originally envisaged the eligibility criteria as under:

Sr. No.	Category	Method of appointment	Minimum educational & other qualifications	Minimum experience
2.	Sub Fire Officer	By promotion amongst Leading Firemen	Qualified Sub Fire Officer’s course from National Fire Service College, Nagpur OR Matric with Fire Course from Ministry of Defence or Home Affairs. OR Matric without any Fire course	2 years experience in Fire Service     4 years experience in Fire Service     5 years experience in Fire Service

5. However, the eligibility criteria was to be amended vide order dated 16.12.2014 (Annexure P-9), whereby it was proposed as under:

Sr. No.	Category	Method of appointment	Minimum educational & other qualifications	Minimum experience
2.	Sub Fire Officer	By promotion amongst Leading Firemen	Qualified Sub Fire Officer’s course from National Fire Service College, Nagpur OR Matric with Fire Course from Ministry of Defence or Home Affairs. OR Matric without any Fire course	2 years experience in Fire Service   4 years experience in Fire Service     5 years experience in Fire Service

6. In the said factual matrix, we are called upon to adjudicate as to whether Office Order dated 16.12.2014 (Annexure P-9), issued by the Chairman of the Board, which is reproduced hereinunder, authorisedly amends the Regulations (re