Dismissed

Dal Singh v. State of Hry. and Ors.

Punjab & Haryana HC5 Feb 2008CWP/9236/2007

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging the petitioner's reversion to his original post after accepting a temporary promotion. The Court held that since the temporary promotion was withdrawn to comply with seniority, and no junior is currently holding the post, the petitioner's grievance is resolved and future promotion prospects are assured.

What did the court decide?

The writ petition was dismissed; petitioner to be considered for promotion according to seniority rules in future.

Dal Singh Vs State of Hry. and Ors. — Pension and Retirement Benefits | Punjab & Haryana HC (2008)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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C.W.P.NO.9236 of 2007 DATE OF ORDER: 5.2.2008

Dal Singh

....Petitioner(s)

Versus

State of Haryana and Others

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.....Respondent(s)

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CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH

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Present: Mr. Kirti Kumar, Advocate.

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Mr. V.K. Bagri, Advocate.

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Mr. Harish Rathee, Sr. DAG, Haryana.

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JASBIR SINGH,J (ORAL)

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By filing this writ petition, the petitioner has laid challenge to order dated 25.5.2007 (P.4) vide which he was reverted from the post of Electrician to that of T-Mate.

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It is apparent from the record that the petitioner entered in the service of State of Haryana on 20.3.1979. Vide order dated 27.2.2007 (P.2), he was promoted to the post of Electrician. His promotion order reads thus:

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“As recommended by the Executive Engineer, W.S, Mech. Divn, Karnal vide his letter No.41/6E Dated 27.2.2007 Sh. Dal Singh T- Mate S/o Sh. Kali Ram is hereby promoted as Electrician in the scale of Rs.4000-100-4800 as stop-gap arrangement for the period of one year and posted in Water Services Mech. Divn. Karnal in the interest of Govt work. The promotion is purely on temporarily basis and without prejudice to his seniors, if found illigible at later stage, the promotion order shall be withdrawn without assigning any reason thereof. This promotion order is subject to the condition that it will not be disturb the norms of rightsizing/structuring, under the consideration of Govt.”

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It is apparent from the record that his promotion was only a stop gap arrangement. It was very clearly stated in the order that it was

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C.W.P.NO.9236 of 2007 #2#

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being passed without prejudice to the claim of his seniors. It was further mentioned that promotion order can be withdrawn at any time without assigning any reason. Petitioner never agitated the conditions imposed in order Annexure P.2, rather accepted those conditions and continued to work on the promotional post. Vide order Annexure P.4, his promotion was withdrawn by stating that the claim of two eligible senior workmen namely Ramphal and Hari Vishwas was not considered when promotion was granted to the petitioner. Accordingly, his promotion being only a stop gap arrangement was rightly withdrawn. Action was also proposed against that officer, who recommended his name for promotion to the post of Electrician.

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In this writ petition, petitioner has specifically stated that one person junior to him i.e respondent No.4 was promoted to the post of Electrician before promotion of the petitioner and as such, he cannot be reverted to the post of T-Mate.

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In response to the notice issued by us, reply has been filed wherein official respondent has categorically stated that respondent No.4 was reverted to the post of T-Mate vide order dated 8.8.2007 (R.1) and at present no person junior to the petitioner is working as Electrician in the Department.

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If that is so, we feel that no grouse is left to the petitioner. We make it very clear that as and when the petitioner becomes eligible for promotion as per seniority, his case be considered for promotion.

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Dismissed.

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February 05, 2008 ( JASWANT SINGH ) manoj JUDGE

Dal Singh v. State of Hry. and Ors.

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Dal Singh v. State of Hry. and Ors.

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