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1989 Supreme(P&H) 487

PUNJAB & HARYANA HIGH COURT
M.M.Punchhi, Ujagar Singh and A.P.Chowdhri JJ.
Punjab State Electricity Board, Patiala
Versus
Ashok Kumar Sehgal
Letter Patent Appeal No. 402 of 1988,
Civil MISCELLANEOUS No. 12923 of 1988,12924 of 1988,
Decided On : JULY 3, 1989

Headnote:

The Punjab State Electricity Board (Board) had introduced a quota system for promotion to the cadre of Line Superintendent, which was struck down by the Supreme Court in Ravinder Kumar Sharma's case (1986 Lab IC 2076). Subsequently, various writ petitions were filed by non-diploma holder Linemen seeking promotion on the basis of seniority-cum-merit, as per the judgment in Ravinder Kumar Sharma's case. The Board defended the case by arguing that the quota system was necessary to maintain administrative efficiency and that the distinction between diploma-holders and non-diploma holders was justified. The High Court held that the quota system was arbitrary and irrational and violated Article 14 of the Constitution, and directed the Board to implement the judgment in Ravinder Kumar Sharma's case. The Board filed a Letters Patent Appeal against the High Court's judgment.

Fact of the Case:

The Punjab State Electricity Board (Board) had introduced a quota system for promotion to the cadre of Line Superintendent, which was struck down by the Supreme Court in Ravinder Kumar Sharma's case (1986 Lab IC 2076). Subsequently, various writ petitions were filed by non-diploma holder Linemen seeking promotion on the basis of seniority-cum-merit, as per the judgment in Ravinder Kumar Sharma's case. The Board defended the case by arguing that the quota system was necessary to maintain administrative efficiency and that the distinction between diploma-holders and non-diploma holders was justified. The High Court held that the quota system was arbitrary and irrational and violated Article 14 of the Constitution, and directed the Board to implement the judgment in Ravinder Kumar Sharma's case. The Board filed a Letters Patent Appeal against the High Court's judgment.

Finding of the Court:

The High Court held that the quota system was arbitrary and irrational and violated Article 14 of the Constitution, and directed the Board to implement the judgment in Ravinder Kumar Sharma's case.

Issues: Whether the quota system for promotion to the cadre of Line Superintendent was arbitrary and irrational and violated Article 14 of the Constitution.

Ratio Decidendi: The High Court held that the quota system was arbitrary and irrational and violated Article 14 of the Constitution, and directed the Board to implement the judgment in Ravinder Kumar Sharma's case. The court reasoned that the quota system was not necessary to maintain administrative efficiency and that the distinction between diploma-holders and non-diploma holders was not justified.

Final Decision: The High Court's judgment was upheld by the Supreme Court.

Judgment

M.M.PUNCHHI, J.

1. These 23 matters are indeed an assortment having common axis in Letters Patent Appeal No. 402 of 1988 which has arisen from a judgment rendered by M.R. Agnihotri, J., a learned Judge of this Court, in C.W.P. No. 1903 of 1987 (Ashok Kumar Sehgal V/s. The Punjab State Electricity Board) decided on January 25, 1988. The Division Bench hearing L.P.A. No. 402 of 1988 referred it to be heard by a Full Bench. And the other matters were tagged therewith to be heard by the Full Bench. This is how these matters have been placed before us.

2. At the very outset, we would venture to arrange these matters for facility of disposal in the following categories

(1) LPA N0.402 of 1988 itself.

This Letters Patent Appeal has been preferred by the Punjab State Electricity Board (hereafter referred to as the Board) against the judgment and order passed in C.W.P. No. 1903 of 1987 decided on January 25, 1988.

(2) Matters directly connected with LPA No. 402 of 1988. These are LPA Nos. 403 to 411 of 1988 and LPA No. 309 of 1988 which have been preferred by the Board against the common judgment and order as passed in C.W.P. Nos. 497, 1440, 1716, 1806, 1812, 1942, 2476, 2609 and 3145 of 1987, which were allowed along with C.W.P. No. 1903 of 1987.

L.P.A. No. 309 of 1988 has been preferred by a loosing party respondent in C.W.P. No. 1903 of 1987.

L.P.A. No. 547 of 1988 is also against the decision in C.W.P. No. 1903 of 1987 and has been preferred by the Punjab State Electricity Board Diploma-Holders Association after obtaining leave of the Court, since it was claimed that neither the Association-Appellant nor majority of its diploma-holders members had been impleaded as respondents in the said writ petition.

(3) Matters indentical with L.P.A. No. 402 of 1988. C.W.P. No. 1637 of 1979 was allowed by J.V.Gupta, J., another learned single Judge of this Court, on May 25, 1988, relying on the decision in C.W.P. No. 1903 of 1987, L.P.A. No. 661 of 1988 has been preferred by the Board against the said judgment and order, In C.W.P. Nos. 1816, 1817 and 1845 of 1987 the same relief is sought as in C.W.P. No. 1903 of 1987.

(4) Matters militating against L.P.A. No. 402 of 1988.

C.W.P. No. 3085 of 1988 is preferred by 485 petitioners claiming that the decision in C.W.P. No. 1903 of 1987 be not put to effect as that would lead to the demotion of the petitioners.

C.W.P. No. 4138 of 1988 is also to the same effect in which 38 writ petitioners claim identical relief. This petition, however, is at the motion stage and has been listed for disposal.

(5) Matters which are admixtured on which the shadow of L.P.A. No. 402 of 1988 broods.

C.W.P. No. 1599 of 1985* was dismissed by D.V.Sehgal, J., another learned single Judge of this Court, on the strength of his earlier decision in Jatinder Singh V/s. P.S.E.B., (1986) 1 Serv LR 692 : (1986 Lab IC 1693). * Reported in (1988) 3 Serv LR 129 (Punj and H ar). L.P.A. No. 283 of 1988 is against the said judgment and order. The other matters which are dependant on the aforesaid case are C.W.P. Nos. 363, 811, 1744 and 3450 of 1987.

(6) Other entangled matters.

These would be seen as the judgment proceeds.

3 Thus, in all we have 23 matters which are being disposed of sequentially by a common judgment.

4. The facts giving rise to L.P.A. No. 402 of 1988 are these The writ petitioner Ashok Kumar Sehgal has to his credit educational qualification of being Higher Secondary pass. He joined the Punjab State Electricity Board as an Assistant Lineman on July 8, 1966. He was promoted to the post of Lineman on January 25, 1973. In the seniority list of Lineman as it stood on August 31, 1974, his number was 2078. He was continuing on that post when he approached this Court by means of C.W.P. No. 1903 of 1987, complaining, inter alia, that some of his juniors had been promoted as Line Superintendents, some of whose names he gave in paragraph 7 of the petition, and those promotions were illegal because of the law laid down by th










































































































































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