ANOOP SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner was originally employed by the respondents as a Work-Charge Electrician on 7.11.1974. By an office order dated 10.10.1980, the petitioner was promoted against the post of Assistant Foreman Overhaul Electrical (Heavy Plant), in the scale of Rs. 200-450. A perusal of the aforesaid order would reveal, that the promotion of the petitioner was to take effect, from the date of issuance of posting orders in his favour. The said posting order, in favour of the petitioner, was issued on 20.11.1980 posting him in P.H. Sub-Division, IInd Jhajjar, as Assistant Foreman Overhaul Electrical (Heavy Plant). The pay scale of the post held by the petitioner was revised to Rs. 525-1050/- in 1982 and Rs. 600-1100/- in 1984. Consequent upon the revision of pay scales, the petitioner was placed in the aforesaid revised pay scales.

(2.) The solitary grievance of the learned counsel for the petitioner is that although he was promoted against the post of Assistant Foreman Overhaul Electrical (Heavy Plant), by an order dated 13.3.1984, his designation had been changed to that of Assistant Electrical Foreman, without affording an opportunity of hearing to him. It is the vehement contention of the learned counsel for the petitioner that before changing the cadre post to which the petitioner was promoted to that of Assistant Electrical Foreman, the rules of natural justice should have been followed.

(3.) In order to controvert the claim raised by the petitioner, it is the vehement contention of the learned counsel for the respondents that while considering the claim of the petitioner for regularisation, it was realised that there was no sanctioned post of Assistant Foreman Overhaul Electrical (Heavy Plant), and, therefore, his services were regularised as Assistant Foreman Electrical. It is not possible for this court to accept the aforesaid contention of the learned counsel for the petitioner. The promotion order dated 10.10.1980 by which the petitioner was promoted as Assistant Foreman Overhaul Electrical (Heavy Plant) reveals that the aforesaid promotion order was on a regular basis, in the regular pay scale of Rs. 200-450/-. It also reveals that the petitioner was placed under probation for a period of one year. It is, therefore, not possible to accept that a separate order of regular promotion had to be passed in favour of the petitioner.