Court allowed a writ petition against an order reverting a Gauge Reader to a Beldar post. It quashed the order citing hostile discrimination and violation of natural justice. Petitioner held to post; costs awarded.
Impugned order quashed; petitioner continues as Gauge Reader; costs of Rs. 5000 awarded against responsible Executive Engineer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No. 12518 of 2010 (O&M) Date of Decision: 22.09.2011
Karam Singh
...Petitioner
Versus
State of Punjab and others
..Respondents.
CORAM: HON'BLE MR. JUSTICE SURYA KANT
Present : Mr. Hariom Attri, Advocate, for the petitioner. Mr. B.S.Chahal, Deputy Advocate General, Punjab.
SURYA KANT, J.(Oral)
The petitioner joined the Irrigation Department as Work Charge Beldar (Class-IV) on 14.12.1984 and was thereafter promoted as Gauge Reader on regular basis on 08.11.1989. The petitioner had been satisfactorily performing his duties on the said promotional post till the impugned order dated 02.07.2010 (Annexure P-1) was passed suddenly after more than 20 years reverting him to the post of Beldar on the plea that 'he has not qualified matriculation and was wrongly promoted'.
Respondents have filed their reply/affidavit maintaining that the petitioner was promoted inadvertently as for appointment to the post of Gauge Reader, a Beldar was required to possess the qualification of matriculation.
The petitioner has, however, controverted the aforesaid plea by securing information under the Right to Information Act which he has placed on record to prove that not one but several persons like Sukhdev Singh, Baldev Singh, Bachan Singh and
CWP No. 12518 of 2010 (O&M)
[2]
Gurmeet Singh have been promoted as Gauge Readers and all of them are/were under matriculation. None of them have been reverted so far. It would thus be seen that not only the impugned order exhibits hostile discrimination qua the petitioner it has been passed without any application of mind also. It is quite unfortunate that the authorities have not even observed the principles of natural justice while reverting the petitioner after such a long period without issuing any show cause notice.
For the reasons aforestated, the writ petition is allowed. The impugned order is hereby quashed. The petitioner shall continue to hold the post of Gauge Reader. Since the impugned order was stayed by this Court as an interim measure, no consequential benefits are required to be granted to the petitioner. He is, however, held entitled to the costs of ` 5000/- which shall be recovered personally from the Executive Engineer, Lehal Division, Irrigation Branch, Lehal, Patiala who is responsible for passing the impugned order.
Dasti.
22.09.2011
(SURYA KANT) JUDGE
' ravinder'
3 issues framed by the court
Whether an impugned order reverting a promoted employee to a lower post violates principles of natural justice and equality.
Whether the respondent authority acted with an application of mind in relegating the petitioner without issuing a show-cause notice.
Whether selective application of matriculation qualification standards to single employee constitutes unlawful discrimination.
1 provisions across 1 enactments
Karam Singh
State of Punjab and others
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
