Rajinder Pal Chauhan v. Punjab State Power Corporation Limited And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 02.02.2023 Rajinder Pal Chauhan ....Petitioner

Versus

Punjab State Power Corporation Ltd. and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. R.S. Kalra, Advocate for the petitioner.

Mr. Sunpreet Singh, Advocate for Mr. Sehaj Bir Singh, Advocate for respondents No.1 and 2.

Mr. H.S. Oberoi, Advocate for respondent No.3.

PANKAJ JAIN, J. (ORAL) Present petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to consider the candidature of petitioner and issue appointment to post of Assistant Lineman from the date his juniors have been appointed along with all consequential relief such as seniority, arrears of pay along with interest.

2.

Vide public notice dated 3rd of October, 2019 respondentCorporation invited applications for the recruitment of Assistant Lineman. The prescribed qualification as per the same is matriculation and National

Apprenticeship Certificate in the lineman trade. The last date for online registration of the application form was 25th of October, 2019. Petitioner participated in the same. Having secured 68.72 marks he was placed at Sr. No.813. However, the name of the petitioner figured in the list of rejected candidates. The issue related to mismatch in the date of result of the petitioner pertaining to his National Apprenticeship Examination Clarification which was mentioned as 14th of February, 2020. It is not disputed that during the pendency of the writ petition respondent No.3 i.e. Director General of Training, Ministry of Skill Development and Entrepreneurship, vide Communication dated 22nd of November, 2021 clarified the confusion stating that result date provided on certificates be read as 13th of October, 2019 i.e. prior to the last date of submission of application form i.e. 25th of October, 2019.

3.

Counsels are ad idem that the matter stands covered by the order passed by this Court in CWP No.9034 of 2021 titled as Manish Kumar vs. Punjab State Power Corporation Limited and others and others dated 1st of October, 2022 wherein this Court held as under :-
 

                        

 

                            



         

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Consequently, the writ petition is allowed in terms of CWP No.9034 of 2021 ibid. Respondents are directed to consider the case of the petitioner as per merit list for the post of Assistant Lineman. In the event of the petitioner being found meritorious, he would also be entitled for all consequential benefits arising therefrom.

5.

Pending application(s), if any, shall also stands disposed off. February 02, 2023 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No