Deepak Garg And Others v. Uttar Haryana Bijli Vitran Nigam And Another

CWP No. 22662-2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C.W.P No. 22662 of 2018 Date of decision : 11.09.2018 Deepak Garg and others ....Petitioners versus U.H.B.V.N.L and others ..Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. R.K. Malik, Sr. Advocate with Mr. Samrat Malik, Advocate for the petitioner.

Mr. Deepak Manchanda, Advocate for the respondents Mr. Puneet Gupta, Advocate for the caveator-respondents.

**** RITU BAHRI , J. (Oral) Petitioners are seeking issuance of writ in the nature of mandamus directing the respondents to finalize the seniority list of junior engineers strictly as per regular 15 of Punjab State Electricity Board Service of Engineers (Electrical) Recruitment Regulations, 1965 by considering the objections filed by the petitioners.

Petitioners were appointed appointment letters in the year 2004 as Junior Engineer and they are working continuously on the above posts. On 22.12.2006, the tentative seniority list was issued of Junior Engineers appointed between 01.07.1999 to 31.12.2005. Again tentative seniority lists were issued on 19.03.2013 and 12.01.2017. However the petitioners filed objections to the tentative seniority list dated 31.12.2005 as the candidate Gaurav Arora 2018.09.14 15:40 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 22662-2018 whose names shown at Sr. No. 168 to 252 were promoted after the appointments of the petitioners as junior engineers and were shown senior to the petitioners. Thereafter representation dated 10.12.2017 was filed by the petitioners to determine the seniority list strictly as per date of appointment. A legal demand notice dated 28.07.2018 has also been served by the respondents but no action has been taken till date. The precise grievance of the petitioner that they were appointed directly as junior engineers by way of direct recruitment and private respondents were appointed after the appointment of the petitioners and thus they cannot be made senior to the petitioners. The only prayer of the petitioners that before making final seniority list, the objections of the petitioners be considered.

Learned counsel for the respondents has no objections to the prayer made by the petitioners at this stage. The present petition stands disposed of with a direction to respondent No. 2 to decide the objections of the petitioners, within a reasonable time before making further promotions. (RITU BAHRI) JUDGE 11.09.2018 G Arora Gaurav Arora 2018.09.14 15:40 I attest to the accuracy and integrity of this document Chandigarh