JUDGMENT : Ajay Mohan Goel, J. By way of this petition, the petitioner has prayed for following reliefs:- (a) That writ of Certiorari may be issued for quashing and setting aside office memo dated 2.1.2012 i.e. the impugned Annexure P-5 whereby the joining of the petitioner on promotion as Assistant Engineer has been accepted at the existing level instead of next level, in the interest of justice and fair play. (b) That writ of mandamus be issued directing the respondent to grant the equivalence level to the petitioner w.e.f. his initial appointment as Junior Engineer in the respondent department with all consequential benefits arising out of his service alongwith interest. (c) That respondent may further be directed to grant the equivalence level to the post of Assistant Engineer to the petitioner since 13.10.2011. (d) That the entire record pertaining to the case may be called for the kind perusal of this Hon’ble Court. Any other order which this Hon’ble Court deem fit in the given set of circumstances may also be passed in favour of the petitioner.” 2. Petitioner joined Himachal Pradesh State Electricity Board (hereinafter referred to as Board), in the year 1981 as Surveyor. He was promoted against the post of Junior Engineer in his parent department on 20.06.1990. As stated at bar by learned counsel for the petitioner, qualification of petitioner when he joined as Surveyor was diploma in the trade of surveyorship from the ITI concerned. In the year 1991 he was deputed on secondment basis with the then NJPC now known as SJVNL i.e. respondent No. 1. For completion of record, it is mentioned herein that petitioner stood promoted as Assistant Engineer (Civil) in the year 2011. 3. Grievance raised in this writ petition is that respondent No. 1 has issued office order dated 13.03.2002 on the subject Equivalence and Deputation Terms in respect of HPSEB employees (Executives). As per Annexure appended with the same, a Junior Engineer with 9 years service is entitled for equivalence with Executive-1 level i.e. E-1 level in respondent No. 1, however, the same has been denied to petitioner arbitrarily even after completion of 9 years service as a Junior Engineer. He has thus prayed for grant of equivalence and also for grant of equivalence as against the post of Assistant Engineer w.e.f. 13.10.2011 and further for quashing of Annexure P-5 dated 02.01.2012. 4.
He has thus prayed for grant of equivalence and also for grant of equivalence as against the post of Assistant Engineer w.e.f. 13.10.2011 and further for quashing of Annexure P-5 dated 02.01.2012. 4. As per respondent Corporation, the claim of the petitioner is totally misconceived and ill-founded because the petitioner could not have been granted equivalence of E-1 level on completing 9 years service as Junior Engineer because it was necessary for technical executive like the petitioner to be possessing diploma in the concerned stream in which he was serving as Junior Engineer and admittedly the petitioner was not having diploma in Civil Engineering while holding the post of Junior Engineer (Civil). As per the respondent Corporation, though the petitioner was holding the post of Junior Engineer (Civil) but this post he was holding by virtue of his being promoted to the said post from the post of Surveyor and it was not as if he was appointed as Junior Engineer on the strength of his possessing diploma in Civil Engineering. 5. I have heard learned counsel for the parties and have also gone through the records of the case. 6. It is not in dispute that the petitioner does not possesses any diploma in Civil Engineering. He was promoted to the post of Junior Engineer against the quota meant for promotion to the said post from amongst the feeder category of Surveyors. It is petitioner’s own case that he is entitled to be conferred benefits of E-1 level officers of respondent Corporation on the basis of criteria which is contemplated in office order dated 13.03.2002. A perusal of the criteria which is appended by way of Annexure with office order dated 13.03.2002, inter alia, demonstrates that Assistant Engineer with 4 years service and Junior Engineer (diploma holder) with 9 years service is eligible to claim equivalence with E-1 level officers. In the present case, undoubtedly the petitioner did serve with the respondent Corporation as Junior Engineer for more than 9 years, however, this alone did not entitle him for equivalence with E-1 level officers of respondent Corporation as the petitioner was not possessing the requisite diploma i.e. diploma in Civil Engineer which is a sine qua non for a Junior Engineer to be treated equivalent to E-1 level officers after completion of 9 years service.
Therefore, in my considered view, there is no infirmity with the act of respondent Corporation of not conferring equivalence upon the petitioner at par with E-1 level officers of the respondent Corporation on completion of 9 years service as a Junior Engineer. It is pertinent to mention at this stage that the condition of only those Junior Engineers with 9 years service who possess diplomas to be eligible for equivalence with E-1 level officers has not been challenged by the petitioner. 7. Accordingly, as there is no merit in the present writ petition, the same is, therefore, dismissed so also pending miscellaneous applications, if any. No order as to costs.