TEJ PAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The two writ petitions and the LPA were heard together and as the cases are inter-connected the same are being disposed of by the present common order. Writ Petition No. 12215 of 2008

(2.) The petitioner in CWP No. 12215 of 2008 Sh. Tej Pal Singh was appointed as an Electrical Helper by the Executive Engineer, PWD (Public Health) Division, Karnal w.e.f 5.7.1984 by order dated 19.6.1984. The said appointment was made in the work charge cadre. Thereafter, taking into account the qualifications required for direct recruitment to the post of Water Pump Operator - II (WPO-II), the petitioner was promoted to the said post on 15.3.1987 in the work charge cadre. Several other work charge employees, who joined service earlier to the petitioner, claimed promotion as granted to the petitioner, besides, seniority and pay etc. at par with the petitioner in the higher post to which he had been promoted. The Department, upon consideration of the cases of the other work charge employees, came to the tentative conclusion that the promotion of the petitioner was not justified inasmuch as the claims of the seniors were ignored. Therefore, a show cause notice dated 12.5.2008 was issued to the petitioner by the Superintending Engineer to show cause as to why he should not be fixed in the regular cadre of WPO II by suitably scaling down the date of his promotion. The petitioner was also required to show cause as to how consequent orders as regard to reversion or re-fixation of pay should not be made. The petitioner show caused and on consideration of the explanations offered, by order dated 27.6.2008, the promotion order issued to the petitioner on 15.3.1987 stood withdrawn and it was directed that the petitioner will be treated as reverted to the post of Electrical Helper. Accordingly, the pay of the petitioner was also directed to be refixed in the corresponding scale. Challenging the said order, writ petition No. 12215 of 2008 was filed. CWP No. 12377 of 2008

(3.) The petitioner was appointed as a Fitter on work charge basis on 9.2.1982 w.e.f. 1.2.1982. Thereafter, he was promoted to the post of WPO-II on 21.5.1983 in the work charge cadre. The said promotion of the petitioner was similarly objected to by other work charge employees who joined service before the petitioner. Accordingly, a similar show cause notice was issued to the petitioner on 12.5.2008 and on consideration of the reply of the petitioner, by the impugned order dated 27.6.2008, a similar order was passed as in the case of the other petitioner in CWP No. 12215 of 2008.