H S MOKHA Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) On December 31, 1976 the Haryana State Electricity Board inter alia decided that "in case, at the time of selection, a senior man is passed over on grounds of lack of qualifications and on his acquisition of those qualifications he is promoted in a subsequent selection, he shall rank senior to the earlier promoted junior man, unless in the meantime, the earlier promoted junior man has been confirmed against a post in the promoted rank". This decision of the Board was conveyed on January 4,1977. However, on October 18,1989, the Board rescinded this order. In pursuance to this decision, the Board issued show cause noticed to the petitioners calling upon them to show cause as to why their seniority be not refixed on the basis of the date of officiating. The petitioners submitted their replied to the show cause notices issued to them. However, without awaiting the decision of the Board, the petitioners filed the present writ petition challenging the action of the Board in deciding to rescind its decision of December 31, 1976 (Ann. P.7) in its meeting held on otober 16,1989 (Ann. P.8) and in issuing the show cause notices to them. We have beard learned counsel for the parties.

(2.) So far as the challenge to the action of the Board in rescinding the decision taken in the meeting held on December 31, 1976 is concerned, the matter is concluded by the judgment of this Court in LPA No. 1613 of 1991, decided on August 4, 1993. We are informed that S.L.P. (C) No. 13782 of 1993 against the judgment has already been dismissed. Consequently, the challenge to the order at Annexure P-8 does not survive.

(3.) As for the challenge to the show cause notice issued to the petitioners, it may be mentioned that the petitioners have been afforded an opportunity to put forth their view point against the proposal of the Board to refix their seniority. They have actually submitted their respective replies to these notices. In this situation, the jurisdiction of the High court under Article 226 of the Constitution df India cannot be invoked. In ease the matter has not already been decided by the Board, we direct that it shall do so within three months from the date on which a certified copy of this order is produced by the petitioners.