Dharmender Singh v. Uttar Haryana Bijli Vitran Nigam Ltd. And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Sr. No.106 LPA-1981-2024 (O&M) Date of decision : 28.10.2024 Dharmender Singh ..... Appellant

Versus

Uttar Haryana Bijli Vitran Nigam Ltd.

and others ..... Respondents CORAM :

HON'BLE MR. JUSTICE DEEPAK SIBAL HON'BLE MR. JUSTICE DEEPAK MANCHANDA Present :

Mr.R.S.Mamli, Advocate, for the appellant.

* * * * * DEEPAK SIBAL, J. (Oral) 1.

The appellant served the Uttar Haryana Bijli Vitran Nigam Ltd. (for short, the Nigam) as an Assistant Lineman (for short, ALM). His appointment was on contractual basis. The appellant was engaged through the Haryana Kaushal Rozgar Nigam. His services were dispensed with as the Nigam found that he did not possess the requisite academic qualifications prescribed for the post of ALM. Such order was challenged by the appellant before this Court through filing of a writ petition with a further prayer to regularise his services. A learned Single Judge of this Court dismissed the appellant's writ petition on the ground that he did not possess the academic qualifications prescribed by the Nigam for the post of ALM. Such dismissal of the appellant's writ petition is challenged through the instant intra court appeal. 2.

Learned counsel for the appellant has been heard. 3.

Undisputedly, following are the essential qualifications prescribed by the Nigam for appointment of an ALM by direct recruitment: - "97% posts of ALM will be filled up by direct recruitment from amongst the persons having minimum qualification of matric with 2 years ITI in Electrician-Wireman trade or having 2 years vocational course under the trade of Lineman conducted by Director, ITI & Vocational Education, Haryana from any institute recognized by the State Government. Must have passed Hindi/Sanskrit upto Matric standard."

SHAMSHER SINGH 2024.11.08 09:31 I attest to the accuracy and integrity of this document Punjab and haryana high court, chandigarh

LPA-1981-2024 (O&M) [ 2 ] 4.

Thus, for being appointed as an ALM, a candidate must be Matric with two years ITI in Electrician-Wireman trade or must have done a two years vocational course in the trade of Lineman conducted by Director, ITI and Vocational Education, Haryana from any institute recognised by any State Government as also that he must have passed Hindi/Sanskrit upto the Matric standard.

5.

The appellant served the Nigam as an ALM. His appointment was contractual in nature. In support of his prayer for regularisation of his services the only certificate produced by the appellant before the learned Single Judge as also before us to show that he possessed the prescribed academic qualification of ITI is undated. It also does not depict the duration for which the said course was undertaken by the appellant. No document has also been produced on the appellant's behalf to show that the ITI course passed by him is recognised by the State Government. Therefore, he is not possessing the academic qualifications prescribed for the post of ALM and consequently, cannot be regularised on such post.

6.

In the light of the above discussion, we find no reason to interfere with the impugned judgment.

7.

Dismissed.

8.

Pending miscellaneous application(s), if any, also stand disposed of. [DEEPAK SIBAL] JUDGE 28.10.2024 [DEEPAK MANCHANDA] shamsher JUDGE Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No SHAMSHER SINGH 2024.11.08 09:31 I attest to the accuracy and integrity of this document Punjab and haryana high court, chandigarh