R.C. CHUG, ASSISTANT ENGINEER (CIVIL) PANIPAT THERMAL POWER PROJECT Vs. HARYANA POWER GENERATION CORPORATION LTD.

JUDGEMENT

(1.) The petitioner has prayed for the issuance of a writ in the nature of certiorari for quashing the order dated January 8, 2000 (Annexure P-6) passed by the Managing Director, Haryana Power Generation Corporation Limited, Panchkula (respondent No. 1), whereby Junior Officers to the petitioner were promoted from the post of Assistant Engineer (Civil) to the level of Assistant Executive Engineer (Civil) without consideration of the claim of the petitioner. He has further prayed for the issuance of a writ/direction to the respondent Nos. 1 and 2 to consider the case of the petitioner for notional promotion from the due date of 1984.

(2.) The petitioner has averred that he was engaged Graduate Technical Apprentice on April 15, 1980 under the Apprentices Act for a period of one year. During the month of October 10, 1983, when he was posted at Panipat Thermal Power Project, Panipat, his work and conduct was reported by the Project Authorities to the Haryana State Electricity Board to be good. A copy of the letter dated October 4, 1983 addressed by the Superintending Engineer, Civil Construction, Circle, PTPP, Panipat to the Chief Engineer (Construction), PTPP, Panipat, is attached with the writ petition as Annexure P-1. Vide letter dated April 4, 1984 (Annexure P-2), the Secretary, Haryana State Electricity Board had informed the Chief Engineer, Thermal (Construction), PTPP, Panipat that the petitioner Shri R.C. Chug along with the two other officers, namely, S/Shri K.L. Chug and K.D. Taneja was due for promotion and their reports for the year 1983-84 were needed immediately for the purpose of their promotion. It has been further averred that he submitted his representation dated February 12, 1998 to the Chairman, Haryana State Electricity Board, Panchkula, requesting therein that his promotion to the post of Assistant Executive Engineer may be made. He also pointed out this fact that not even a single promotion from the post of Assistant Engineer (Civil) to the rank of Assistant Executive Engineer (Civil) was made for the last 14 years, i.e., from 1984 to 1998. He also submitted two more representations dated March 14, 1998 and June 12, 1998 addressing the Chairman, Haryana State Electricity Board, Panchkula, which are attached with the writ petition as Annexure P-4 and P-5 respectively. It has been further averred that ignoring his promotion, the Managing Director, Haryana Power Generation Corporation Limited, Panchkula (respondent No. 1) ordered the promotion of six Assistant Engineers (Civil) to the rank of Assistant Executive Engineers (Civil) vide order dated January 8, 2000 (Annexure P-6) though they were junior to him. His promotion was shown to have been deferred, as is given in the note recorded in the said order.

(3.) Notice of motion was issued.