SONIA Vs. HARYANA ELECTRICITY REGULATORY COMMISSION

JUDGEMENT

(1.) Petitioner - Sonia, aged 31 years, d/o Sh. Jai Narayan r/o House No. 709/29, Tilak Nagar, Rohtak, Haryana, has brought the instant civil writ petition under Articles 226 and 227 of the Constitution of India, against respondent Haryana Electricity Regulatory Commission, Panchkula, praying for issuance of a writ in the nature of certiorari for quashing of decision/notice dtd. 24/3/2021 (Annexure P-14), vide which respondent-Commission has decided to revert the petitioner to the post of Assistant Director (Economics), at the same level at which the petitioner was working on contract basis, besides craving for issuance of a writ in the nature of prohibition restraining the respondent from reverting the petitioner to the earlier post and for issuance of a writ in the nature of mandamus directing the respondent to allow the petitioner to continue on the post of Deputy Director (Economics), on the basis of her appointment letter dtd. 24/12/2018 (Annexure P-10) etc.

(2.) Inter alia in the writ petition, it is contended that respondent - Commission had issued advertisement/notice in the year 2014, inviting applications for the post of Assistant Director (Economics), in the Commission, on contract basis for a period of one year, which could be extended from time to time subject to performance. The petitioner being fully eligible for the said post had applied for the same and she was selected for the post after following due selection process and was posted as Assistant Director (Economics) on contract basis on 18/11/2014. The petitioner accordingly joined as such on 20/11/2014. The petitioner had been appointed as Assistant Director (Economics) on contract basis against the post of Deputy Director (Economics) and was duly allotted the work of the post of Deputy Director (Economics) by the respondent - Commission.

(3.) That subsequently on 13/12/2018, the respondent- Commission had framed the Haryana Electricity Regulatory Commission (Officer and Employees Condition of Service) Regulations, 2016 (hereinafter referred to as 'the Regulations'). Regulation 14 of the said Regulations lays down the eligibility criterion for the short-term contract appointments. A perusal of Appendix 'A' and 'D' to the Regulations, goes to show that it does not lay down terms and conditions/eligibility criteria for the post of Assistant Director (Economics), whereas it lays down qualifications, experience and recruitment policy for the post of Deputy Director (Economics); that since the petitioner was duly qualified for the post of Deputy Director (Economics) and also had requisite experience to be appointed on that post by way of permanent absorption as per provisions of Appendix 'A' and 'D', the petitioner applied to the respondent - Commission for her absorption on the post of Deputy Director (Economics) on permanent basis in the year December 2018; that after following due procedure, a decision was taken in the 91st meeting of the Commission held on 24/12/2018 and consequently, the petitioner was ordered to be permanently absorbed on the vacant post of Deputy Director (Economics) w.e.f. 24/12/2018; that she was issued appointment letter on that very date and she had submitted her joining report to the respondent -Commission on 24/12/2018 itself.