Dismissed

Rajinder Singh Ghangas v. Uttar Haryana Bijli Vitran Nigam Ltd. & Ors.

Punjab & Haryana HC1 Aug 2014CWP/15094/2014

Case brief

AI extract

What is this about?

Petitioner challenged an order denying his claim for promotion to AEE and Exec. Engineer at par with a junior despite being senior in the feeder cadre. Court held that lack of Departmental Accounts Examination initially was a valid bar and subsequent passing of the exam does not justify retroactive promotion at par with the junior's earlier promotion date.

What did the court decide?

Writ petition dismissed with a holding that seniority in feeder cadre cannot override the regulatory requirement of passing DAE at the time of promotion consideration.

Rajinder Singh Ghangas Vs Uttar… — Pension and Retirement Benefits | Punjab & Haryana HC (2014)

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KUMAR MANOJ #1# 2015.02.06 12:05 I attest to the accuracy and integrity of this document

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CWP No.15094 of 2014 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA

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AT CHANDIGARH

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CWP No.15094 of 2014 (O&M) Date of decision: 01.8.2014

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Rajinder Singh Ghangas

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.............Petitioner

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Uttar Haryana Bijli Vitran Nigam Ltd and Ors.

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.............Respondents

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:- Mr. Jagbir Malik, Advocate for the petitioner.

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Jaswant Singh,J

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Petitioner has filed the present writ petition for quashing of the impugned order dated 8.5.2014 (P.12) passed by respondent No.2Superintendent Engineer (Admn.) Uttar Haryana Bijli Vitran Nigam Ltd (for short “SE(Admn.) UHBVNL”) vide which his claim for promotion to the post of Assistant Executive Engineer (for short “AEE”) w.e.f 15.2.2006 and further to Executive Engineer w.e.f 30.10.2008 with all consequential benefits at par with his juniorrespondent No.4.

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Learned counsel for the petitioner contends that his juniorrespondent No.4-K.C. Narwal already stands promoted to the post of AEE w.e.f 15.2.2006 and further to Executive Engineer w.e.f 30.10.2008. It is further argued that in the seniority list of Assistant Engineer, the petitioner is at Serial No.85 whereas respondent No.4 was at Serial No.91.

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CWP No.15094 of 2014 (O&M)

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#2#

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Heard learned counsel for the petitioner and perused the paper book with his able assistance.

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A perusal of the impugned order reveals that on an earlier occasion, the petitioner filed CWP No.14444 of 2013, which was disposed of by this court vide order dated 10.7.2013 with a direction to decide his claim within 6 months, however, the same has been rejected on a very cogent and sound reason.

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It is not disputed that the petitioner was senior in the feeder cadre to respondent No.4 and their cases were considered for promotion to the post of AEE on 25.7.2007, however, the case of the petitioner was ignored on the ground that he did not pass the Departmental Accounts Examination (for short “DAE”), which was pre-requisite for consideration in view of Regulation 9 (1) of PSEB Service of Engineers (Electrical Recruitment Regulation), 1965 (as applicable to UHBVN amended from time to time). Consequently, respondent No.4 was promoted to the post of AEE. However, subsequently the petitioner passed his DAE on 23.3.2007 and was promoted as AEE vide order dated 23.12.2011 and was granted deemed date of promotion as AEE w.e.f 25.7.2007 at par with his immediate junior-S.C. Tuteja.

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There is no disput to the above factual aspect of the matter on behalf of the petitioner.

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In view of the aforesaid discussion, merely that petitioner was senior to respondent No.4 in the cadre of AE is not a valid ground to

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CWP No.15094 of 2014 (O&M) #3#

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claim promotion at par with respondent No.4 w.e.f 15.2.2006 as AEE and Executive Engineer w.e.f 30.10.2008.

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No ground to interfere is made out.

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Dismissed. August 01, 2014 (Jaswant Singh) manoj Judge

Rajinder Singh Ghangas v. Uttar Haryana Bijli Vitran Nigam Ltd. & Ors.

Case brief

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Rajinder Singh Ghangas v. Uttar Haryana Bijli Vitran Nigam Ltd. & Ors.

Case brief

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