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2015 Supreme(P&H) 738
PUNJAB & HARYANA HIGH COURT
Deepak Sibal, J.
Bharat Kalotra and Ors. - Appellant
Versus
Punjab State Power Corporation Limited and Ors. - Respondent
C.W.P. No. 7784 of 2012
Decided On : 07-05-2015
For the Appellant :G.S. Bal, Senior Advocate and A.D.S. Bal, Advocate
For the Respondents:Kapil Kakkar, Advocate
The main legal point established in the judgment is that a relaxation of qualifications granted under specific circumstances cannot be extended in perpetuity, and it does not equate the relaxed qualifications with the original prescribed qualifications.
Headnote:
Relaxation of Qualifications - Promotion to Shift Chemists - Regulation 21 - The court discussed the relaxation of qualifications for appointment as Junior Plant Attendants (JPAs) and the subsequent promotion to Shift Chemists. The court highlighted the specific circumstances under which the relaxation was granted and emphasized that it cannot be extended in perpetuity. The court also clarified that the relaxation did not equate a three years' diploma in Chemical Engineering with a B.Sc. degree, and therefore, the petitioners were not eligible for promotion to the posts of Shift Chemists.
Fact of the Case:
The petitioners sought promotion to Shift Chemists after being appointed as Lab Assistants following a relaxation of qualifications for appointment as Junior Plant Attendants (JPAs).
Finding of the Court:
The court found that the relaxation of qualifications for JPAs, granted as a one-time measure due to an acute shortage of eligible candidates, did not equate a three years' diploma in Chemical Engineering with a B.Sc. degree. Therefore, the petitioners were not eligible for promotion to the posts of Shift Chemists.
Issues: The main issue was whether the petitioners, who were holders of three years' diploma in Chemical Engineering, could be considered for promotion to the posts of Shift Chemists after being appointed as JPAs following a relaxation of qualifications.
Ratio Decidendi: The court held that the relaxation of qualifications for JPAs, granted under specific circumstances, cannot be extended in perpetuity. It clarified that the relaxation did not equate a three years' diploma in Chemical Engineering with a B.Sc. degree, and therefore, the petitioners were not eligible for promotion to the posts of Shift Chemists.
Final Decision: The court dismissed the writ petition, stating that the petitioners were not eligible for promotion to the posts of Shift Chemists as per the prescribed qualifications in the Regulations. However, it allowed the petitioners to make representations to the Regulation making Authority regarding any hardships they faced, leaving the decision to the concerned Authority.
1. The petitioners, who were two in number, have knocked the doors of this Court seeking a direction to the respondents to consider and promote them as Shift Chemists with effect from the dates their juniors have been promoted, with all consequential benefits.
2. The petitioners, who belong to the Scheduled Caste category, have passed Matric, as also a three years' diploma in Chemical Engineering. Through advertisement No. Annexure P-8, the respondent Punjab State Electricity Board (now - Punjab State Power Corporation Limited) (hereinafter referred to as - the respondent Corporation), invited applications for filling up posts of Junior Plant Attendants/Chemical (Training) (hereinafter referred to as - JPA). As per the Punjab State Electricity Board Technical Services Class-I(Regulations, 1996 (hereinafter referred to as - the Regulations), the prescribed academic qualifications for the post of JPAis B.Sc. (of which Chemistry should be the main subject). However, the respondent Corporation was facing a huge shortage of JPAs as eligible candidates possessing a degree in B.Sc. were becoming hard to find. This was adversely hampering the smooth functioning of the Water Treatment Plants. Therefore, it was decided as a one time measure to recruit JPAs, who would have the qualification of a three years' diploma in Chemical Engineering with minimum 50% marks. The decision to this effect taken by the Board of Directors of the respondent Corporation on 30.04.1999 is reproduced below:-
"Chief Engineer/Thermal, GNDTP, Bathinda vide his letter No. 1917 dated 12.3.99 (Annexure-'A') has informed that a number of posts of Chemical Cadre in all the three Thermal Plants of PSEB are lying vacant and hampering the smooth functioning of the Water Treatment Plants. In the year 1997 recruitment of 30 posts of Junior Plant Attendants (Chemical) and 19 posts of Laboratory Assistants (Chemical) were attempted to be filled through recruitment under CRA-205/97 but only 13 candidates qualified for Junior Plant Attendants (Chemical) and 1 candidate for Laboratory Assistants (Chemical).
Subsequently for the emergent requirement at GHTP, Lohra Mohbbat, CE/O&M, GHTP, Lohra Mohabbat was authorized to fill up the vacant posts of Laboratory Assistant through Employment Exchange but that proposal has also not materialized due to non-availability of experienced persons thus there is great pressure to transfer Junior Plant Attendants (Chemical) and Laboratory Assistants (Chemical) from GNDTP, Bathinda and GGSSTP, Ropar for commissioning of IInd Unit at GHTP, Lehra Mohabbat. There is already shortage of qualified personnel and it is not possible to carry out necessary analysis of Water, Steam and Coal etc. with the existing staff available.
In the prevailing circumstances and for the satisfactory performance and long life of the Thermal Plants, Water Chemistry has got utmost important role and it is not possible to skip away the chemical analysis. Accordingly it has been proposed to meet the requirement of chemical department by appointing Apprentice Junior Plant Attendants (Chemical) and Laboratory Assistants (Chemical) from fresh graduates from the open market with following qualifications. A comparison of the existing and proposed qualifications/experience and the No. of posts proposed to be filled is as under:-
Sr.No Name of Post Existing qualification as per Regulation Proposed Qualification No. of Posts Vacant
1 J.P.A (Chemical) 1. B.Sc. with chemistry as a principal subject and have knowledge of water analysis and conversant with dosing of water requirement of high pressure boilers. Preference to be given to those having experience of working in a Thermal Power Plant.
2. Punjabi passed upto Matric Standard. 1. B.Sc. with chemistry with minimum 50% marks. Or Diploma in chemical in chemical Engineering with minimum 50% marks.
2. Punjabi passed upto Matric Standard. 10
2 Lab.Asstt. (Chemical)
