Nirmal Singh & ORS. v. Punjab State Power Corpn.Ltd.

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 16.5.2016 Nirmal Singh and others

...Petitioners

Versus

Punjab State Power Corporation Limited (POWERCOM) and others

...Respondents

CORAM:

HON'BLE MR.JUSTICE G.S.SANDHAWALIA

Present:

Ms. Alka Chatrath, Advocate for the petitioners. Ms. Radhika Suri, Senior Advocate with Ms. Rajni Paul, Advocate for respondent.

G.S.SANDHAWALIA, J. (Oral) Short affidavit dated 14.5.2016 on behalf of Sh. Rakesh Kumar Bawa, Deputy Secretary, Recruitment, PSPCL, The Mall, Patiala has been filed in Court today.

The same is taken on record.

Office to tag the same at appropriate place in the file. It has been deposed in the said affidavit that vide agenda dated 2.3.2016 the SC/BC candidates who have obtained marks higher than or equal to the last candidate selected from General category would be considered in the said category. The affidavit reads as under:- "1) That the above CWP 21760 of 2010 is now fixed for hearing on 16.5.2016.

2) That the agenda no.03/CRA 265/08 dated 02.03.2016 for giving by virtue benefits to SC/BC candidates who have obtain marks higher than or equal to the last candidate selected from General category to considered them in General category for the post of Sub Station Attendant has been placed before the Board of Directors of Punjab State Power Corporation Ltd. in its 48th meeting which was held on 17.3.2016 at Chandigarh. 3) That the agenda no.03/CRA 265/08 dated 02.03.2016 has considered 'as one time measure' by the

-2Board of Directors of Punjab State Power Corporation Ltd. in its 48th meeting and the minutes of the meeting has been issued by the office of Company Secretary, PSPCL, Patiala vide their UO No.830/BOD-48.32/2016/PSPCL dated 25.4.2016.

4) That as per the decision of BOD in the above agenda total 31 no's candidates is being considered for appointment for the post of SSA i.e. 16 no from SC category, 11 no's BC category, 2 no's from EXSM(D) & 1 no from PHP category. Among the 31, only 5 no's petitioners from different writ petitions come in the merit zone and are being adjusted. The name of the petitioners/CWPs are as under:-

1. Gurdial Singh s/o Sh. Sadha Singh CWP: 11243/12

2. Nirmal Singh s/o Sh. Jeet Singh CWP : 10347/12 & 21760/10.

3. Satinder Singh s/o Sh. Ajit Singh CWP : 10347/12

4. Rajinder Pal Singh s/o Sh. Kashmir CWP : 10347/12 Singh & 21760/10.

5. Harpreet Singh s/o Sh. Chand Singh CWP : 10347/12. 5) That by allowing the benefit of by virtue to the SC/BC category candidates resultantly 10 no's General category candidates already appointed/in service who become surplus are being adjusted at next roster points of General category. It is further mention the roster points so arise for SC, BC, EXSM & PHP has already included in 31 no's candidates.

6) While considering as above, no post of General category will be available for the petitioner of CWP 11706/14. The eligible candidates are being called for document checking on 17.5.2016. In case of minor discrepancy in documents the candidates will be given time to correct the same or to produce the documents. Thereafter eligible candidates will be issued offered of appointment.

7) The CWP : 11243/12 regarding the same issue has been fixed for hearing on 8.7.2016."

Resultantly, the petitioners in the present writ petition namely,

-3Nirmal Singh, Satinder Singh, Rajinderpal Singh and Harjit Singh (wrongly mentioned as Harpreet Singh being son of Sh. Chand Singh) are being adjusted.

In such circumstances, counsel for the petitioner does not wish to press the present writ petition.

Accordingly, the present writ petition is dismissed as not pressed.

May 16, 2016 (G.S.SANDHAWALIA) Pka Judge