Jai Kumar Sharma v. Vineet Garg And ANR

COCP 944/2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 944/2018 Date of decision:20.03.2018.

Jai Kumar Sharma ..............Petitioner v.

Shri Vineet Garg,IAS and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.JS Maanipur,Advocate for the petitioner Jaswant Singh,J,(Oral).

Petitioner was working as Plant Attendant with Haryana Power Generation Corporation Limited and he filed CWP 22484/2013 claiming promotion to the post of Turbine Operation with effect from the date his junior, namely Sh.Rachna Ram was promoted.

The said writ petition was allowed vide order dated 28.1.2016 passed by a learned single Judge of this Court with a direction to respondents to consider the case of the petitioner and pass a speaking order within three months.

Admittedly, the petitioner on attaining the age of superannuation stands retired in the rank of Junior Engineer w.e.f. 28.2.2013. Thereafter, order dated 2.3.2017 stands passed whereby the petitioner has been promoted as Turbine Operator w.e.f. 7.10.1991 and as Junior Engineer w.e.f. 4.4.2006 with all consequential benefits at par with his immediate junior Sh.Rachna Ram, Junior Engineer (since retired). Now the present contempt petition has been filed alleging that Rajinder Parshad Joshi 2018.03.21 11:36 I attest to the accuracy and integrity of this document

COCP 944/2018 the case of the petitioner has not been considered for promotion as Turbine Operator w.ef. 28.10.1986 i.e. the date with his other junior Sh.Kanshi Ram was promoted.

It is apparent that no such claim was ever made by the petitioner either in the previous writ petition or during his service period, hence would be barred by delay and laches apart from principle of Order 2 Rule 2 CPC.

Dismissed.

20.03.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.03.21 11:36 I attest to the accuracy and integrity of this document