Petitioners challenging reversion from Junior Engineer-I due to alleged excess cadre strength; Court directs filing of detailed representation and hearing before deciding withdrawal of reversion order.
Direction to file detailed representation showing cadre and working strength within one week for consideration after hearing within one month.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C.W.P. No. 10694 of 2009
DATE OF DECISION : 21.07.2009
Rakesh Kumar and others
.... PETITIONERS
Versus
Dakshin Haryana Bijli Vitran Nigam Ltd. and another
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. R.K. Malik, Senior Advocate, with Mr. Surya Pratap Singh, Advocate, for the petitioners.
SATISH KUMAR MITTAL , J. ( Oral )
The petitioners, who were promoted by the respondent Nigam as Junior Engineer-I vide orders dated 6.6.2007 and 11.7.2007, have filed the instant petition for quashing the order dated 13.7.2009 (Annexure P-4), whereby they have been reverted from the post of Junior Engineer-I to the post of Junior Engineer on the ground that their promotion was beyond the cadre strength of Junior Engineer-I.
It is the case of the petitioners that the sanctioned strength of the cadre of Junior Engineer-I is 118 and at present, only 46 officials are working as Junior Engineer-I. It is the further case of the petitioners that more than 72 posts are lying vacant and in spite of that, the respondents have reverted the petitioners on the ground that their promotion was beyond
CWP No. 10694 of 2009
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the cadre strength.
After hearing counsel for the petitioners and in view of the fact that there is a dispute with regard to the present sanctioned and working strength of Junior Engineer-I, without issuing notice of motion, as it will unnecessary delay the matter, this petition is disposed of with a direction and liberty to the petitioners to make a detailed representation to the respondents showing the cadre strength and the present working strength of Junior Engineer-I in support of their case that their promotion was not beyond the cadre strength. If any such representation is filed within one week, respondent No.2 is directed to consider and decide the same, after providing an opportunity of hearing to the petitioners, within one month by passing a speaking order. In case, the earlier promotion of the petitioners is found within the cadre strength of Junior Engineer-I, the respondents will consider for withdrawal of their reversion order.
July 21, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE
3 issues framed by the court
Whether petitioners promoted beyond cadre strength should be quashed.
Whether direction to file representation clarifying current strength would remove dispute.
Whether reversion order of Junior Engineers should be withdrawn on verifying cadre strength.
Rakesh Kumar and others
Dakshin Haryana Bijli Vitran Nigam Ltd.
Another
Satish Kumar Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
