Chandigarh: Plea of superintending engineer seeking chief engineer’s post dismissed

The tribunal held that much water had flown since that decision of May 6, 1992, including issuance of notification, dated January 13, 1992, and framing of rules of 2005 by the State of Punjab, governing promotion to the post of chief engineer. Those rules were applicable for promotion to the same post in UT Chandigarh, unless Chandigarh administration framed its own rules, said the tribunal.

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The applicant had knocked the doors of the tribunal against an order, dated March 21, 2012, according to which his representation for considering his case for regular promotion to the post of chief engineer, UT, Chandigarh, as per PSEB Regulations, 1965, had been rejected. He had sought issuance of a direction to the respondent to consider his case for promotion to the post of chief engineer, engineering department, UT Chandigarh, from the date he became eligible and the post was available.

Also, considering the fact that he had been holding the additional charge of superintending engineer with effect from November 1, 2010, he had claimed he was fully eligible in terms of the PSEB Service of Engineers (Electrical) Regulations of 1965 as amended by the Punjab State Electricity Board and applicable to UT Chandigarh administration for all the consequential benefits.

The respondents Union Public Service Commission, through its secretary, Dholpur House, Shahjahan Road, New Delhi, Secretary, Ministry of Home Affairs, filed a written statement and submitted that the applicant joined the Chandigarh Administration as assistant engineer in the electricity wing of the engineering department, UT Chandigarh in 1991. He got promotion under PSEB Service of Engineering, Electrical, Chandigarh Amendment, Regulation, 1985.

However, they submitted that the applicant’s claim for promotion to the post of chief engineer could not be acceded because the post was to be filled up in terms of the rules known as Punjab Service of Engineers (Civil Wing), Department of Public Works (B&R Branch) Group A Service Rules, 2005, read with first amendment Rules i.e. Punjab Water Supply and Sanitation (Engineering Wing) Group A Service Rules, 2007.
The respondents added that the post the applicant was holding was not the feeder cadre post for promotion to the post of chief engineer under the rules and his request was hence rejected. According to the respondents, the applicant’s service conditions are governed by a different set of rules called PSEB Service of Engineers (Electrical) Recruitment Regulation, 1965, as amended and made applicable for employees of the electricity wing, UT Chandigarh.