N.R. GOEL Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the Respondent. The Petitioner is aggrieved by the issuance of the impugned order as contained in Annexure P-6 by which the Under Secretary (Establishment), purporting to act for and on behalf of the Secretary of the Haryana State Electricity Board, informed the Petitioner that his request for restoring his original seniority in the cadre of Assistant Engineer had not been found feasible for acceptance. The Petitioner, therefore, prays for quashing of the said Communication dated 8.6.1988 and also simultaneously prays for a direction upon the Respondent to prepare the final seniority list of Assistant Engineers in accordance with Regulation No. 15 of the Punjab State Electricity Board, Services of Engineers (Electrical) Regulations, 1965. The case of the Petitioner as has been sought to be made out in the writ petition is as follows :-

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(3.) According to the learned counsel for the Petitioner, Regulation 15 of the aforementioned Regulations stipulates that the seniority shall be determined by date of appointment in a particular class and that, as per the 5th Proviso appended to the said Regulation, the inter se seniority would be as per the relative seniority in the class from which promotions were effected except in cases they were superseded either on account of inefficiency or ineligibility. Learned counsel for the Petitioner stated that he was not given promotion for reasons which were neither for being inefficient nor for being ineligible for promotion, and therefore, his seniority should accordingly be restored.