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High Court of Punjab and HaryanaCWP/16110/2017dismissed

Sinderpal v. Uttar Haryana Bijli Vitram Nigam & ORS

2019-04-22Mrs. Justice Raj Rahul Garg2 pages

C.W.P 16110 of 2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C.W.P 16110 of 2017 Date of decision : 22.04.2019 Sinderpal ......Petitioner versus Uttar Haryana Bijli Vitram Nigam & others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ashutosh Kaushik, Advocate for the petitioner.

Mr. D.S. Nalwa,, Addl.A.G, Haryana **** RITU BAHRI , J. (Oral) The present petition has been filed for issuance of direction to the respondent to consider the petitioner for promotion to the post of Assistant Linemen as per notification dated 20.08.2009 (P-2) and keeping in view the fact that junior to the petitioner has been promoted. On notice of the petition, a written statement has been filed on behalf of respondent Nos. 1 and 2 taking a stand that the petitioner has no claim for promotion from the post of Chowkidar to Mali as the post of ALM is technical as regard to attend the electrical fault occurred in the electrical supply line, distribution transformers and HT line also for which electrical technical experience is mandatory. Reference has been made to notification dated 20.08.2009 (R-1). In para 3 of the written statement, it has further been brought to the notice of the Court that petitioner has bee punished twice through charge sheets served upon.

The case of the petitioner for promotion to the post of ALM cannot be considered as he has no experience in UHBVNL on technical post, which is Gaurav Arora 2019.07.04 16:11 I attest to the accuracy and integrity of this document Chandigarh

C.W.P 16110 of 2017 mandatory as per policy of the Nigam and further there was punishment of stoppage of 02 annual increments inflicted upon the petitioner and remained into force up to 27.12.2019.

In view of the written statement filed by the respondents, the present petition stands dismissed, as the petitioner was not having the experience in UHBVNL on technical post, which was required as per notification dated 20.08.2009 (R-1).

April 22, 2019 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2019.07.04 16:11 I attest to the accuracy and integrity of this document Chandigarh