Document Fragment View
Fragment Information
Showing contexts for: Assistant lineman in H.P. State Electricity Board vs Sh. Hem Raj on 13 December, 2019Matching Fragments
Facts:
2(i). Posts of Lineman in H.P. State Electricity Board as per Recruitment and Promotion Rules were to be filled .
up 20% by direct recruitment and 80% by promotion from amongst Assistant Lineman having four years regular service in the grade. The requisite educational and other qualifications for direct recruitment was 'matric with I.T.I. certificate in Electrician/Wireman trade & those who are Matriculate and have undergone apprenticeship training of Lineman have passed the all India Trade Test in this trade.' 2(ii). H.P. State Electricity Board Employees' Union had been pressing upon Board to fill up the vacant posts meant for direct recruitment by promotion of matriculate and ITI qualified Assistant Lineman. A meeting in this regard was held on 07.07.1995 between Board's Management and representatives of H.P.S.E.B. Employees' Union. Against the demand of said Union, the following decision was taken by the Board on 09.10.1995 (Annexure RA-I):-
2(vi). An Original Application, bearing O.A. No.103 of 2003, was preferred by some of the Assistant Lineman, before learned erstwhile H.P. Administrative Tribunal, who were senior to the petitioners in the category of Assistant Lineman, challenging the decision of Board dated 27.12.2002, whereby the services of adhoc promotee Lineman were to be regularized. The petitioner therein had contended that:- they were senior to such adhoc promotees in the category of Assistant Lineman; such Assistant Lineman promoted out of turn as Lineman on adhoc basis against the direct recruitment quota, merely on the basis of their higher qualifications, could not be regularized as Lineman ignoring the claims of their seniors. The original application was dismissed on 18.05.2005 (Annexure P-11), with following operative observations:-
Observations:
Regularization from the date of .
out of turn-adhoc promotion:
3(i). It is not in dispute that the out of turn adhoc promotions were effected against the posts meant for direct recruitment with clear stipulation that such adhoc promotions will not give right of regularization to the incumbents from the dates of initial promotions on adhoc basis. It can also be not disputed that the posts meant for direct recruitment were filled up by out of turn-adhoc promotions of Assistant Lineman on the requests so made by H.P. State Electricity Board Employees' Union. The Board succumbed to the request in view of ban on direct recruitment. The Board decided to fill up posts of Lineman meant for direct recruitment, by effecting out of turn adhoc promotions from those Assistant Lineman who were matriculate and possessed qualification of I.T.I. 3(ii). It was clearly mentioned in the promotional orders of the petitioners and all other similarly situated that such out of turn adhoc promotions will not give them any advantage in respect of regularization of their adhoc services w.e.f. the date(s) of their initial promotions.
3(vi). The judgment dated 10.05.2005 (Annexure P-II), passed by the erstwhile H.P. Administrative Tribunal in O.A. No.103 of 2003, was in different factual situation and has no bearing in the facts of instant case vis-a-vis the dispute and the relief claimed herein. Petitioners in O.A. No.103/2003 had challenged the decision of the Board to regularize the services of out of turn adhoc promoted Lineman mainly on the ground that they (petitioners therein) as Assistant Lineman were senior to such adhoc promotee Lineman. Their original application was rejected on ground of lack of locus-standi and that it was for the Board to decide such matters. Whereas dispute in present matter revolves around the date from which services of such adhoc, out of turn promotee Lineman were to be regularized.