RAJ SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Heard.

(2.) A claim founded on a bona fide mistake committed by the Government in promoting an employee contrary to rule creates no right to hold the promoted post or for him to complain that withdrawing of such undue benefit can be faulted on the ground of breach of principles of natural justice, hearing, and assigning reasons and the like. Even if the petition is to succeed on these grounds the victory of the petitioner would be pyrrhich and of no practical use. The elastic of the principles of natural justice cannot be stretched beyond breaking point.

(3.) The petitioner held the substantive post of Electrician Grade-I. By an error an order dated 17.5.2011 was passed by respondent No.3-the Superintending Engineer, Public Health Engineering Circle, Sonepat promoting him out of turn as Electrical Chargeman, the next higher post from the quota of several feeder categories including that of Electrician Grade-I as enumerated in the Haryana Public Health Engineering Department, Circle Cadre Mechanical Establishment (Group C) Service Rules, 2009. When the mistake came to the light and knowledge or notice of the promoting authority, the office order dated 17.5.2011 was withdrawn by the impugned order dated 2.11.2011 (P-6).