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2005 Supreme(MP) 524
IN THE HIGH COURT OF MADHYA PRADESH JABALPUR
Arun Mishra, J.
M.P.E.B. Officers Association and others
Vs.
M.P. Electricity Board and another
M.P. Nos. 2249 of 1992, 4153 of 1993, W.P. Nos. 3282, 2971 and 3786 of 1997
Decided On: 20.04.2005
Advocate Appeared
For Appellant/Petitioner/Plaintiff:Prem Francis, R.P. Agrawal, Senior Advocate with Rajesh Upadhyay, S. Lal, V.S. Shroti, Senior Advocate and Ashish Shroti
For Respondents/Defendant:Anoop Nair, G.P. Kekre, Vinod Mehta, Government Advocate and Ashish Pathak
The court upheld the validity of the departmental examination for promotion in the Finance and Accounts Cadre as provided under the regulations, emphasizing that the process was fair and in accordance with the regulations.
Headnote:
Departmental Examination - Finance and Accounts Cadre - Electricity Supply Act, 1948, Regulation 7(ii)(a) of M.P. Electricity Board General Service (Regulations), 1952, Regulation 7 of MPEB Accounts Trainees Recruitment and Appointment Regulations, 1982 - The court upheld the validity of the departmental examination for promotion in the Finance and Accounts Cadre as provided under the regulations. It found that the Board was justified in conducting the examination and that the process was fair and in accordance with the regulations.
Fact of the Case:
The petitioners challenged the circulars and selection process for the Finance and Accounts Wing, alleging that the departmental examination for induction into the cadre was unauthorized and discriminatory. They also raised concerns about the lack of prescribed syllabus, allocation of marks, and separate tests for different posts.
Finding of the Court:
The court found that the Board was justified in conducting the departmental examination and that the process was fair. It held that the action of giving opportunity to departmental candidates was not prejudicial and that the directive of the State Government was acted upon. The court dismissed the writ petitions.
Issues: Validity of departmental examination, fairness of the selection process, lack of prescribed syllabus and separate tests for different posts.
Ratio Decidendi: The court upheld the validity of the departmental examination for promotion in the Finance and Accounts Cadre as provided under the regulations. It found that the Board was justified in conducting the examination and that the process was fair and in accordance with the regulations.
Final Decision: The court dismissed the writ petitions, holding that the departmental examination and selection process were valid and fair.
Arun Mishra, J.
1. In these writ petitions (M. P. No. 2249/92, M. P. No. 4153/93, W. P. No. 3282/97, W. P. No. 2971/97 and W. P. No. 3786/97) common question is involved. Circular dated 1-8-1991, 15-6-1995 and the selection made pursuant thereto in the cadre of Finance and Accounts Wing has been assailed. It is also submitted that for induction into service of finance and accounts cadre prescribing of the departmental examination is unauthorised and bad in law.
2. Facts are being referred from WP No. 2971/97. M. P. Vidyut Karmachari Sangh has filed the petition in representative capacity for and on behalf of Class III and IV employees. It is averred that Board has been constituted under section 79(c) of Electricity Supply Act, 1948 (hereinafter referred to as "the Act"). There are technical and non-technical wings in the service cadre, eligibility criteria, promotional avenues differ. The non-technical side is known as Finance and Accounts Wing. Direct recruitment is provided in the Finance and Accounts cadre at the stage of Office Asstt. Grade III. Other posts have to be filled by way of promotion. Departmental examination has been prescribed for deciding eligibility for promotion from the post of Asstt. Grade I, Storekeeper to the post of Supd./Stock Verifier as provided in circular (P.1). There is no rule or regulation of provide for departmental examination for promotion to the posts in the hierarchy of Finance and Accounts Wing.
3. It is further averred that Board has also framed regulation, known as M. P. Electricity Board Accounts Trainees Recruitment and Appointment Regulations (P/2). Regulation 5 lays down minimum qualification for applying as a trainee. Regulation provide for direct recruitment as Accounts Officer after selection from the open market but does not provide for departmental examination for promotion to any of the posts in* Finance and Accounts cadre. Board has prescribed the minimum service required for promotion to the next higher post as per circular (P.3) dated 19-7-1990. Petitioners have emphasized that there is no circular providing for departmental examination allowing technical staff to appear in departmental examination to be appointed on promotional post otherwise to be filled up by way of promotion. Board has earlier filled the posts by promotion adhering to eligibility criteria. Action is discriminatory, violative of Articles 14 and 16 of Constitution of India. Asstt. Engineers of technical qualification have been permitted to take the departmental examination, upper age limit has been fixed as 45 years on 1-6-1997. Thus, by action of respondents, large number of employees have been adversely affected, hence, writ petition has been preferred.
4. In the return filed by respondents it is contended that Board's regulation provides that any class I or class II post can either be filled up by promotion or direct recruitment. Further Board vide notification dated 22-3-1982 had framed regulations called 'The MPEB Accounts Training Recruitment and Appointment Regulations, 1982" (hereinafter referred to as "the Regulations of 1982") which provide for direct recruitment of personnel for appointment as Accounts Officer. Notifications (R/2) and (R/3) have been relied upon. Board has been constituted under section 5 of the Act. Chapter VI provides for Board's Finance, Accounts and Audit. Section 59 provides that the Board shall, after taking credit for any subvention from the State Government under section 63, carry on its operation under the Act. Board was feeling that the Finance and Accounts Wings had not come up to the expectations, it lacked efficiency and ability. The problem assumed great importance when the State Government in exercise of power vested in them under the Act took a review in August, 1990 and directed the Board that the financial management should be effectively organized, improved and strengthened. Directive was given to fill the post of Finance and Accounts Wing of the officer cad
