HARYANA STATE ELECTRICITY BOARD Vs. KARTAR SINGH

JUDGEMENT

(1.) Plaintiff Kartar Singh joined the services of Punjab State in P.W.D. Electricity Branch on 17.3.1956 as Lower Division Clerk, He was promoted to the post of Upper Division Clerk on 22.9.1964 and was confirmed on the said post on 125.1967. He was then promoted as Assistant on 8.8.1967 and confirmed on the said post on 26.6.1971. He was shown senior to Shri K.D. Dewan and Shri S.N. Gupta in the seniority list as on 31.8.1972. It remained unchallenged upto April, 1979. The Haryana State Electricity Board (hereinafter referred to as the 'Board') served a show cause notice dated 3.4,1979 (Ex.P.1) on the plaintiff intending to change the date of his confirmation and updating that of Shri K.C. Dewan from 17.11.1972 from 26.6.1971 to 16.11.1972 to 18.3.1971. Shri S.N. Gupta was also sought to be shown senior to him. The representation of the plaintiff against the said show cause notice was rejected by the Board vide order dated 30.3.1984 (Ex.P-3). It necessitated the filing of Civil Suit No.8, dated 8.1.1987, "Kartar Singh versus Haryana State Electricity Board." by the plaintiff for a decree of declaration that Memo No.Ch-223/NGE/G-442 dated 30.3.1984 issued by the Board was null and void, unconstitutional illegal and inoperative and that he was entitled to retain his original seniority as Assistant over and above Sarv-Shri K.D. Dewan and S.N. Gupta as notified by the Board vide seniority list dated 26.8.1976 (Annexure P.1).

(2.) The suit was contested by the Board and on the pleadings of the parties, learned trial Court framed following issues:-

(3.) After the parties led evidence and their counsel were heard, the learned Sub Judge Ist Class decreed the suit of the plaintiff vide his judgment and decree dated 4.9.1989.