ABDUL RAJAK Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Petitioner is seeking quashing of notice dated 29.11.2013 (Annexure P -5) and order dated 30.12.2013 (Annexure P -10) whereby the petitioner has been reverted from the post of Mechanical Fitter -II to the post of Mechanical Fitter Helper after a period of six years on the ground that on the date of his promotion order dated 19.09.2007 there was no vacant post for Mechanical Fitter -II on which he could be promoted.

(2.) Petitioner was appointed as Mechanical Fitter Helper in October, 1988 in Public Health Engineering Department, Sub -Division, Hodal. He was transferred along with the post to Hathin, District Faridabad. The next promotion of the petitioner was to be on the post of Mechanical Fitter -II as per the Haryana Public Works Department, Public Health Branch, Circle Cadre, Engineering Establishment (Group 'C') Service Rules, 1988. As per the said Rules, 50% post of Mechanical Fitter -II was to be filled by way of promotion and remaining 50% by way of direct recruitment. The experience of seven years as Fitter Helper/Plumber Helper/Fitter Coolie is required for promotion. Accordingly, after seven years of service the petitioner was promoted to the post of Mechanical Fitter -II, vide order dated 19.09.2007 (Annexure P -2). Vide order dated 01.12.2009 (Annexure P -4) he was granted the benefit of revised pay scale and Assured Career Progression (ACP) etc.

(3.) A show -cause notice was issued on 29.11.2013 (Annexure P -5) by which the petitioner was sought to be reverted on the ground that there was no vacant post of Mechanical Fitter -II on the date when he was promoted. Petitioner gave his reply dated 04.12.2013 (Annexure P -6) and thereafter the petitioner was not allowed to discharge the duties/function on the post of Mechanical Fitter -II.