P&H HC | Person governed by one set of rules and regulations cannot claim benefit of promotion under another rule

Punjab and Haryana High Court: The petition was filed before a Division Bench of Rajiv Sharma and Harinder Singh Sidhu, JJ. against the order passed by the Central Administrative Tribunal, Chandigarh where original application filed by petitioner assailing the communication of respondents declining petitioner’s request for consideration for promotion to the post of Chief Engineer was dismissed.

A post of Chief Engineer in the Engineering Department, Chandigarh Administration was due to become vacant. Petitioner submitted a representation that he be considered for the aforementioned post. He submitted that he was eligible for the post under PSEB Regulations, 1965 which was rejected, thus an original application was filed which was dismissed was thus. This order was impugned in this petition. Respondent contended that the Electricity Operations Circle (Electricity Wing) under which the petitioner was serving is not a part of the B&R Branch. Thus, he could not claim promotion to a post of Engineering Department, Chandigarh. The question before Court was to see if the petitioner, working as Superintending Engineer (Electricity) was eligible for promotion to the post of Chief Engineer in the Engineering Department of UT of Chandigarh.

High Court observed that petitioner’s services were governed by PSEB Regulations, 1965 and his prior promotions were done under this regulation itself along with this he had also received certain benefits under the regulation and the post he was claiming in the impugned order had already been proposed to be created. Court was of the view that a person governed by one set of rules and regulations cannot claim the benefit of promotion under another rule and petitioner was estopped from raising such a claim. Therefore, on finding no merit in the petition the same was dismissed. [M.P. Singh Wasal v. Union of India, 2019 SCC OnLine P&H 71, decided on 29-01-2019]

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